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HomeMy WebLinkAbout0850-72_Tamarind Avenue Sewer Lift Station_12.612/30/93 13:54 THOMAS-WELL GROUP a 19093506618 NO.789 P004 CLAIMANTS SUMMARY OF CLAIMS, IUD cats pap, PENDING ,Marden Susco 43,254.01 ,,,Beard Electric 11,455.00 ,.Crane Rental \zR.O .. LaLonde 10, 954.50 .-ESSCO 67,128.25 ✓Hood, 15,704.18 Cattrac 1,750.00 v S.M. Plotkin 1,456.00 Hopkins 4,190.00 Enterprises Haaker 5,346.55 Equipment Johnson. ,f;r,e,;4. �l,5 �� bit 12/30/93 26, 676.25 $187, 914.74 3017.5- 1961932.z1-1 3,017.50 $3,017.50 () 649,1e/. 12/30/93 13:54 THOMAS WELL GROUP + 19093506618 NO.789 P003 Mr. Harry Foley December 30, 1993 Page 2 Claim is again hereby made for immediate payment to WIIC of all remaining contract funds. Such claim is based upon the surety's legal and/or equitable right to receive all such contract funds to the exclusion of all other persons, fans, or corporations. Please immediately advise us as to when payment will be made to WIIc. Thank you for your cooperation in this matter. Very truly yours, &AA Peter J. p arrett Senior Claims Attorney pond and Professional Liability Claims PJB:kv 12/30/93 13:53 THOMAS IWELL GROUP + 19093506618 NO.789 P002 Thomas Howell Group (USA) inc. International Adjusters 16935 West 9enardo Drive, Suite 210 San Diego, California 921274636 Telephone: (619) 485-5989 Facsimile: (619) 485.6809 December 30, 1993 VIA FACSIMILE (909) 350-6618 Mr. Harry Foley Engineering Division COMMUnity Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Res Principal: WIIC: Bond No.: Obligee: Project: Our File No.: Dear Mr. Foley: Reference is made to our letter dated December 13, 1993. As we have discussed previously, all work called for under the contract for the construction of the above project has been completed and accepted. Thus, the project is in a position to be closed out and the contract balances disbursed. Enclosed isan updated Summary of Claims Paid showing that Washington International Insurance Company ("WIICH) has settled $187,914,74 in payment bond claims. It is our understanding that there are approximately $86,831.85 in earned and unpaid contract balances. Since we sent you our letter dated December 13, 1993, WIIC has settled the Hopkins Enterprises claim. (On December 28, 1993 we sent you a copy of the Release and Assignment executed by Hopkins Enterprises.) WI=C is proceeding to settle the Crane Rental claim for the amount of the stop notice that was filed. We expect that this matter will be concluded in the next few days. Enclosed with our letter dated December 13, 1993 was a copy of a Letter of Direction dated October 12, 1993 from the contractor directing the City of Fontana to pay all amounts due, or to become due under the contract, to WIIC. Multi -Construction Company and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-0444-S Offices, Assoaiatea and Correspondents In: Australia BahaMee Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands Now Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Intlles A member 01 the Thomas Howell Group 12/30/93 13:53 THOMAS WELL GROUP + 19093506618 Thomas Howell Group (USA) Inc. International Adjusters 16935 West Barnard° Drive, $ulte 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485.6809 FROM TELECOPIER:.1-619-485-6809 DATE; 12/30/93 TO TELECOPIER NO: (909) 350-6618 PLEASE DELIVER TO: NAME Harry Foley FROM: Peter a. Barrett SUBJECT: Washington International Ins. NUMBER OF PAGES (including this Covey page) MESSAGE: Micas, Associates and Correapendemo in: Austral Bahamas Belgium Sake Brazil Canada Chile Denmark Dominican Republic Frame Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A mamber of the Thomas Howell Group 12/13/93 15:57 THOMRSiWELL GROUP 3 19093506618 NO.673 P005 L TTER OF D/RECTION ❑ctober 12, 1993 City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Attn: Community Development Department, Engineering Division Re: Principal: surety: Bond No.: Obligee: Project: Gentlemen: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 We hereby irrevocably request that all amounts due or to become due on the contract between Multi Construction Co. and Ramirez, a joint venture, and City of . Fontana for the construction of the project known as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 be paid directly to Washington International Insurance Company, the surety on Performance and Payment bonds given in connection with the aforesaid contract. such payments should be forwarded to Thomas Howell Croup (USA) Inc., 16935 West Bernardo Drive, Suite 210, San Diego, California 92127-1636. There will be no modification or change in these instructions without written authorization and consent of Washington International Insurance Company. Very truly yours, MULTI CONSTRUCTION CO. AND RAMIREZ, a joint venture By: Albert X. R inir By: a&S MULTI-CONSTRUCTIO a joint venturer By: 3 nt venturer. INC., + 12/13/93 15:57 THOMAS (JELL GROUP + 19093506618 NO.673 P004 SUMMARY OF CLAIMS PAID CLAIMS CLAIMANTS 'AID Marden Susco 43,254401 Beard Electric 11, 455.00 Crane Rental R.J. LaLonde 10,954.50 ESSCO 67,128.25 Hood 15,704.18 Cattrac 1,750.00 S.M. Plotkin 1,456.00 Hopkins Enterprises CLAIMS PENDINQ 3,017.50 4,190.00 Haaker 5,346.55 Equipment Johnson 26.t676.25 $183,724.74 $7,207.50 12/13/93 12/13/93 15:57 THOMRS DELL GROUP i 19093506618 NO.673 P003 Mr. Harry Foley December 13, 1993 Page 2 Please advise us as to when payment will be made to WIIC. Thank you for your cooperation in this matter. Very truly yours, "AQ iirrc Peter T+arrett Senior Claims Attorney Bond and Professional Liability Claims P3B:btc 12/13/93 15:57 THOMAS WELL GROUP 3 19093506618 NO.673 P002 Thomas Howell Group (USA) Inc. International Adjusters 1653$ West Bemardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485.6a:9 Facsimile: ($19) 485-6809 December 13, 1993 I __FAC3IMIL-(909_) 35O-6.615 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project; Our File No.: Multi -Construction Company and Ramirez, a Joint Venture Washington International Insurance Company 5-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-0444-S Dear Mr. Foley: Asyou indicated in our telephone conversation of December 13, 1993, a recent test showed that the compaction work was satisfactory. It is our understanding that all work called for under the contract between Multi Construction Co. and Ramirez, a Joint Venture ("Multi") , and the City of Fontana has been completed and accepted. Thus, the project is in a position to be closed out. Enclosed is a Summary of Claims Paid showing that Washington International Insurance Company ("WIIC") has settled $183,724.74 in payment bond claims. Previously, we were advised that there are approximately $86,831.85 in contract balances. Also enclosed is a copy of a Letter of Direction dated October 12, 1993 from Multi directing the City of Fontana to pay all amounts due, or to become due under the contract, to WIIC. Claim is hereby made for immediate payment to WIIC of all remaining contract funds. Such claim is based upon the surety's legal and/or equitable right to receive all such contract funds to the exclusion of all other persons, firms, or corporations. 6liises. Associates and Correspondents in: Australia Bahamas Selgiwm Belize Brazl Canada Chile Danmark Dominican Republic France Germany Crewe Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malin Mesta) The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trin'Klad United Stales Uk West Indies A member of the Thomas Howell Group NO.673 P001 12/13/93 15:5? THOMAAVELL GROUP i 19093506618 Thomas Howell KI wit (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92137-1636 Telephone: (619) 485-5089 Facsimile: (810) 486-6809 FROM TELECOPIER: 1-619-485-6809 DATE: 12/1J93 TO TELECOPIER NO: f909) 350-66L8 PLEASE DELIVER TO: NAME: Harry Foley PROM: _ Peter J . arrett SUBJECT: wsbjngton International NUMBER OF PAGES (including this cover page) ,5 MESSAGE: oC xr rsx.Ax,sxx zscr-rscn Tx+4 CIUm.11tO isra•e4tIZEPerstrAinci isSolp t...:o 'o..opy tx'tsiniotyk3,oss aoatas.ra ciosay," 3.dari'tsa7t. 3.201=e+e:matio21 bo10=ygiwa tas the. esaaudirs. 1.11.en xa y.00MYYs. ariviioarrwaimam i22co mini '..earner .1.o ifstastd+cY .arr].yr rar tba t.Sraa C.C. LYao 3ad3V'3do#1 CM. ,kntS-t,Y XXrrmu +77ova. Sz Y'+a41 "MSS riot tkao Saati andigel ta+42Avaat. SCo<3 es -.a 2aor..krgr btaat usay. d.l.asv .c,ou -...+, Catzwar.a. claatwalstatjoss ear thix ts103Ci stir of sYaY ma'kiora is tCviiasacbs osy ttao rsatwn'tla KaL' thLis tta7 *Cayrtoal Lesrieiftsenstdon. Les otk,dmtLy gpx.''doka3b3ta4tsatr yams :tyava. =+,14/.2-lorea Utam tuMssrdosvy jaa akror. i9'.temekaassa 3yuoad.atal.r stert:3ry ssa km, ttm.a.+•Eecc.Y►. 'ter sYrrasyawa Car mwekurn off l h . cm3 Lmax d 5r •ovazsgsatalt to Wm. Clttid°S. Aesxiatas and Correspondents In: Australia Sanaman 6eigium Berle 13rwil Canada Chile Denmark Dominican Retpobhlc Frttnre Germany Greece Hong Kong Indonesia Italy,lamaica Kuwait Malaysia Matta Mexico Tim Netherlands New Zealand Philippines Saudi Arabia Singapore Span Sweden Trinidad united States UK West indica A member of the Thomas yovvep GrOttp TAMARIND AVENUE SEWER FORCE MAIN AND LIFT STATION NO. 8 SB-48-93 LISTING OF STOP NOTICE FILINGS BY SUBCONTRACTORS DATE PREPARED 9/13/93 DATE REVISED 10/18/93 DATE AMOUNT OF NAME OF SUBCONTRACTOR RECEIVED STOP NOTICE Crane Rental Services, Inc. /28/93 $ 3,017.50 1901 West Collins Ave. 0 I/3/ L d 3 t0 t 7 5U Orange, CA 92667 _-oi'� (714)997-3100 (714)771-5800-FAX Crane Supplier R. J. Lalonde, Inc. 8/10/93 6947 Atlantic Ave. f kb3 Long Beach, CA 90805. (714)827-9092 Grading & Earthwork $13,954.50 Cattrac 8/16/93 $ 1,750.00 15030 Slover Ave. l!.aQ If/3493 , 7 .-=`51 Fontana, CA 92335 Equipment Rental (909)355-1146 Engineers Sales Service Co., Inc. 8/30/93 4935 Telegraph Rd. eb, iv, jci3 Los Angeles, CA 90022-3835 (213)261-2181 (213)261-1523-FAX Pump Supplier Beard Electric 13924 Maryton Ave. Santa Fe Springs, CA 90670-4925 (310)802-1800 Electrical Subcontractor 8/31/93 �. 1qtf93 $67,128.25 $11,455.00 a, agt4-)1<el rbeJze Skis Ern 5 1 %? 9 3 76„ ✓ BANKER- xcwPmc, Y l'iFa q 4 ; 3416.5..`ri Memo on Multi -Construction, Inc. Stop Notice Listing Continued September 13. 1993 Revised October 18, 1993 page 2 of 2 S.M. Plotkin Equipment Rentals, Inc. P.O. Box 2534 Cypress, CA 90630 (714)952-3361 (714)952-0465-FAX Marden Susco, Inc. 1550 W. Linda Vista Dr. San Marcos, CA 92069 Pipe Supplier for Force Main 9/30/93 $ 1,456.00 ' 14`t/93 Ott if6S.d(2 10/4/93 Pg. "f)7/13 $45,332.96 $1/31: :btrl Hood Corporation 10/7/93 $15,704.18 21496 Main Street , 42/ P.O.Box 2326 . �V i`\V ` 151�7G2, Grand Terrace, CA 92324 Paving Sub -contractor Hopkins Enterprises 19770 Linden Ave. Bloomington, CA 92316 (909) 877-3200 10/18/93 $ 4,190.00 rA/AllietS <11 TOTAL= $163,988.38 • STATE OF CALIFORNIA VERIFIED PROOF OF CLAIM COUNTY OF LOS ANGELES ss: EDWARD C. HAAKER being duly sworn, deposes and says: 1. That he is the CHIEF FINANCIAL OFFICER of HAAKER EQUIPMENT COMPANY "CLAIMANT"), a corporation organized and existing under the laws of the State of California and having its principal place of business located at 3505 Pomona Boulevard, Pomona CA 91768, and that he is duly authorized to make this PROOF OF CLAIM on its behalf. 2. Thaton or about April 1, 1993 MULTI CONSTRUCTION CO. AND RAMIREZ, a Joint Venture ("CONTRACTOR"), was awarded and entered into a written contract with CITY OF FONTANA in which CONTRACTOR agreed to furnish all necessary labor, materials, supplies, and equipment and to perform all work necessary to construct Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"). 3. That, during the period from November 1, 1993 to November 8, 1993, CLAIMANT furnished labor, materials, supplies, and equipment to CONTRACTOR to be used, and which were actually used and wholly consumed, in the public work, at the agreed price of $5,346.55, and that there is now due, owing, and unpaid the sum of $5,346.55. 4. That CLAIMANT has satisfied in full all claims related to labor, materials,, supplies and equipment furnished by it to the public work, except those indicated on the back of this form, and that no such payments have been made by notes which are unpaid at this time. 5. That there are no setoffs, counterclaims, back charges, or other credits against said claim, that CLAIMANT is not indebted to said CONTRACTOR on this, or on any other account, and that CLAIMANT does not hold any note or security of any kind whatsoever for said debt. 6. That this affidavit is made in support of a claim under public works payment bond no. S-300 4403 wherein WASHINGTON INTERNATIONAL INSURANCE COMPANY is the surety, CONTRACTOR is the principal, and CITY OF FONTANA is the obligee, which bond was executed and delivered in connection with the above -described contract for the public work. 7. That as an inducement to WASHINGTON INTERNATIONAL INSURANCE COMPANY to make payment at this time, CLAIMANT hereby agrees that all guarantees and warranties it gave related to the labor, materials, supplies, and equipment CLAIMANT furnished to the public work shall remain in full force and effect, but that such guarantees and warranties shall not be extended nor enlarged hereby. Subscribed and sworn to before me this 10th NOVEMBER Notary Public day of 19 93 OFFICIAL NOTARY SEAL SHARON L. TANTZER Notary public California LOS ANGELES COUNTY tu'M,v ('.omm Expires MAY 27,1995 1 1 • • STATE OF COUNTY OF 1` ° 4 AEG L S i On the /04 day of k.)o 0 -1'`'6'f-4_ 1993, before me personally came Ed JAAo C. /-4a4KE" to me known, who being duly sworn by me stated that he is the . C -,0 of CLAIMANT and that he was duly authorized to execute the foregoing assignment and release and attach thecorporate seal thereto, which he did for the purposes therein mentioned. adv...)v Notary Public ,,,J,, z7, i 9 9a` My commission expires y OFFICIAL. NOTARY SEAL SHARON L. TANTZER Notary Public — California LOS ANGELES COUNTY My Comm Explros MAY 27,1905 Page 2 of 2 • • RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, HAAKER EQUIPMENT COMPANY ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $5,346.55 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $5,346.55, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this 10th day of NUMBER , 1993 Page 1 of 2 WASHINGTON INTERNATIONAL INSURANCE CO. CLAIM ACCOUNT 30254 VENDOR HAAEQ CHECK DATE 10/22/93 DATE INVOICE VOUCHER DESCRIPTION AMOUNT 10/21/93 S3004403 000161 MULTI CONSTRUCTION (14V J WASHINGTON S 5,346.55 INTERNATIONAL INSURANCE COMPANY 1930 Thoreau Drive, Suite 101 Schaumburg, IL 60173 (708) 490-1850 DATE: 10/22/93 PAY 4e 744eaad 7kree '? idired 7antq-Six & 55/100 Do11a44. TO THE ORDER. OF HAAKER EQUIPMENT COMPANY C/O THOMAS HOWELL GROUP 16935 W. BERNARDO DR., STE 210' SAN DIEGO, CA 92127-1636 ATTN: PETER BARRETT 30254� r PAYABLE THRU BANK ONE, CHICAGO,N.A. EVANSTON, ILLINOIS II' 0 30 2 5 too ?/ 9 01.14 L is L O "0,131119 6.51 1 II■:: 70-114/719 $ 5,346.55 CLAIM ACCOUNT 33IWW0 S.a33NIJN3 A113 c rn Ems rn November 9, 1993 VIA FACSIMILE 909-350-6618 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Subfile: Our File No.: Dear Mr. Foley: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 Haaker Equipment Company 067-00444-S This is to confirm our telephone conversation of this date in which you stated that the four -foot boom extension furnished and installed by Haaker Equipment Company has been accepted by the City of Fontana. We have sent payment by regular mail to Haaker Equipment Company. It will advise you as to when to pick up the truck. Please contact me if you have any questions. Very truly yours, Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:btc cc: Haaker Equipment Company VIA FACSIMILE 909-598-1427 NO.302 P001 Ilkli.09/93 16:42 THOMAS•WELL GROUP + 19093506618 Thomas BoWell Croup (USA) Inc. Intematianal Adjusters 18935 West Bernardo Drive, Suite 210 San Diego, California 92127-1836 • Telephone: (619) 485.598E Facsimile: (619) 48541809 FROM TELECOPIER: 1-619-485-6809 DATE: 11 93 TO TELECOPIER NO: 909-350-6618 PLEASE DELIVER TO: NAME: MR. HARRY FOLEY FROM: PETER J.BBARR.ATT SUBJECT: 'MULTI--CONSTRUCTTON CO. & RAMIREZ NUMBER OF PAGES (including thin cover page}_ MESSAGE: C IfIo ;, Associates and Cone#pendeMa In; &Oda Bahamas SeIgivti Been Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait lAatayala Matta Mexico) The Nethodands Now Zealand PeOppinea Saudi Arabia Singapore Spain Sweden Trinidad United States UK Weal Indies A member of the Thomas Howell Group ?./09/93 16:42 THOMAS LL GROUP 3 19093506618 NO.302 P002 November 9, 1993 VIA ThCSIMILE 909-35Q-6618, Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8363 Sierra Avenue P.Q. Box 518 Fontana, CA.92334-0518 Re; Principal: Surety: Bond No.: Obligee: Project; Subf ile: our File No.: Multi Construction co. and Ramirez, a Joint Venture Washington International Insurance Company 5-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 Haaker Equipment Company 067-00444-S Dear Mr. Foley: This is to confirm our telephone conversation of this date in which you stated that the four -foot boom extension furnished and installed by Haaker Equipment Company has been accepted by the City of Fontana. We have sent payment by regular mail to Haaker Equipment company. It will advise you as to when to pick up the truck. Please contact me if you have any questions. Very truly yours, Peter J ." Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:btc cc: Haaker Equipment Company VIA FACSIMILE 909- 98.1427 November 8, 1993 Mr. Ed Haaker Haaker Equipment Company 3505 Pomona Boulevard Pomona, CA 92502 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Haaker: Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485.5989 Facsimile: (619) 485-6809 Multi -Construction Company and Ramirez, a j.v. Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue, and Sewer Lift Station No. 8, Bid No. SB-48-93 067-0444-S Haaker Equipment Company Enclosed are (1) the draft of Washington International Insurance Company payable to Haaker Equipment Company in the sum of $5,346.55 in full and final settlement of the above claim, (2) three Verified Proof of Claim forms, and (3) three Release and Assignment of Claim forms. The forms must be completed, executed, and notarized. Two Verified Proof of Claim forms and two Release and Assignment of Claim forms must be returned to this office in the enclosed self-addressed envelope. The third copy of each is for your records. Haaker Equipment Company is authorized to negotiate this draft after the forms have been completed, executed, notarized, and placed in the mail to this office. Please contact me if I can be of any assistance or if you have any questions. Very truly yours, Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:kv cc: Multi-Constru tion Company and Ramirez, a Joint Venture Harry FoleyiCommunity Development Department, Engineering Division, City of Fontana Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United Stales UK West Indies A member of the Thomas Howell Group I, WASHINGTON INTERNATIONAL INSURANCE CO. CLAIM ACCOUNT VENDOR HAAEQ. S3004403 MULTI CONSTRUCTION CHECK FACE HAS A COLORED BACKGROUND ON WHITE PAPER BACK OF CHECK HAS HIDDEN WATERMARK PATTERN • VIEW AT AN ANGLE 30254 ICHECK DATE 10/22/93 AMOUNT 5,346.55 PAYABLE THRU BANK ONE, CHICAGO,N.4 EVANSTON,:ILLINOIS.: 0-1147.719 • VERIFIED PROOF OF CLAIM STATE OF COUNTY OF ss: being duly sworn, deposes and says: of HAAKER EQUIPMENT COMPANY existing under the laws of the State place of business located at 3505 that he is duly authorized to make 1. That he is the "CLAIMANT"), a corporation organized and of California and having its principal Pomona Boulevard, Pomona CA 91768, and this PROOF OF CLAIM on its behalf. 2. That on or about April 1, 1993 MULTI CONSTRUCTION CO. AND RAMIREZ, a Joint Venture ("CONTRACTOR"), was awarded and entered into a written contract with CITY OF FONTANA in which CONTRACTOR agreed to furnish all necessary labor, materials, supplies, and equipment and to perform all work necessary to construct Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"). 3. That, during the period from November 1, 1993 to November 8, 1993, CLAIMANT furnished labor, materials, supplies, and equipment to CONTRACTOR to be used, and which were actually used and wholly consumed, in the public work, at the agreed price of $5,346.55, and that there is now due, owing, and unpaid the sum of $5,346.55. 4. That CLAIMANT has satisfied in full all claims related to labor, materials, supplies and equipment furnished by it to the public work, except those indicated on the back of this form, and that no such payments have been made by notes which are unpaid at this time. 5. That there are no setoffs, counterclaims, back charges, or other credits against said claim, that CLAIMANT is not indebted to said CONTRACTOR on this, or on any other account, and that CLAIMANT does not hold any note or security of any kind whatsoever for said debt. 6. That this affidavit is made in support of a claim under public works payment bond no. S-300 4403 wherein WASHINGTON INTERNATIONAL INSURANCE COMPANY is the surety, CONTRACTOR is the principal, and CITY OF FONTANA is the obligee, which bond was executed and delivered in connection with the above -described contract for the public work. 7. That as an inducement to WASHINGTON INTERNATIONAL INSURANCE COMPANY to make payment at this time, CLAIMANT hereby agrees that all guarantees and warranties it gave related to the labor, materials, supplies, and equipment CLAIMANT furnished to the public work shall remain in full force and effect, but that such guarantees and warranties shall not be extended nor enlarged hereby. Subscribed and sworn to before me this 19 day of Notary Public • RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR") , had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, Proof of the sum supplies, public wo HAAKER EQUIPMENT COMPANY ("CLAIMANT") has submitted a Claim making claim under the payment bond alleging that of $5,346.55 was due, owing, and unpaid for labor, materials, or equipment that CLAIMANT furnished to the rk. NOW THEREFORE, in consideration of $5,346.55, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this day of , 1993 ATTEST: Page 1 of 2 • • STATE OF ) COUNTY OF ) On the day of 1993, before me personally came to me known, who being duly sworn by me stated that he is the of CLAIMANT and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes therein mentioned. Notary Public My commission expires Page 2 of 2 RECEIVED NOV9R3 I 3 NOV 993 �xrc�sua�v�n�so�� C11YE mamma October 25, 1993 Mr. Merle R. Johnson 281 South Willow Spring Orange, CA 92669 Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S Haaker Equipment Company_ Dear Mr. Johnson and Mr. Foley: I have received the surety's draft payable to Haaker Equipment Company. It is my understanding that the City will bring its truck to Haaker's yard on November 1, 1993 to have the four -foot boom extension installed. Please let me know when the installation has been completed to the City's satisfaction so that I can send the draft to Haaker Equipment Company. Thank you for your cooperation in this matter. Very truly yours, Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:mk cc: David L. Culbertson Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • November 3, 1993 Thomas Howell Group (USA) Inc.' International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S Johnson CAT Power Systems Enclosed is a copy of the Release and Assignment executed by Johnson CAT Power Systems. Very truly yours, -$(2AAtt- Peter . Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:kv Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, JOHNSON CAT POWER SYSTEMS, a division of JOHNSON MACHINERY CO. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $26,676.25 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration SURETY'S payment of $26,676.25, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, iibsixismusucanduilmisastboaktxmaxay, for SURETY'S own use and benefit but at SURETY'S own cost, to ask,INITIAL demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this 27TH day of OCTOBER ATTEST: JOHNSON CAT PO division of J.� By: WILLIAM RUSSELL-ASSISTANT FINANCE MANAGER , 1993 R SYSTEMS, a ON MACHINERY CO. Page 1 of 2 i • STATE OF California COUNTY OF Riverside On the 27th day of October 1993, before me personally came William Russell to me known, who being duly sworn by me stated that he is the Asst. Finance Manager of said Claimant and that he was d uthorized to execute the foregoing assignment and release and at ach the c porate steal thereto, which he did for the pu••oses t rein me io ed. Notary Public My commission expires May 25, 1997 r . BRENDA K. '� CLABOUGH `• COMM. #992232 CM NOTARY PUBLIC. t rim �;.Tr CALIFORNIA�� RIVERSIDE COUNTY MY Commission Ev. May 25, iga Page 2 of 2 RECEIVED NOV 3 1993 CITY ENGINEER'S OFFICE October 25, 1993 VIA FEDERAL EXPRESS Mr. William Russell Johnson CAT Power Systems 656 E. La Cadena Drive P.O. Box 361 Riverside, CA 92502 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Russell: Thomas Howell Group (USA) Inc.• International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 Multi -Construction Company and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 06700444-S Johnson CAT Power Systems As you know from our recent telephone conversations, this office has been retained by Washington International Insurance Company to assist in the investigation and handling of claims asserted against the performance and payment bonds issued in connection with the above captioned project. Enclosed are (1) the draft of Washington International Insurance Company payable to Johnson CAT Power Systems in the sum of $26,676.75 in full and final settlement of the above claim, (2) three Verified Proof of Claim forms, and (3) three Release and Assignment of Claim forms. The forms must be completed, executed, and notarized. Two Verified Proof of Claim forms and two Release and Assignment of Claim forms must be returned to this office in the enclosed self-addressed envelope. The third copy of each is for your records. You are authorized to negotiate this draft (1) after the generator that is the subject of your quotation dated March 3, 1993 has been delivered to the City of Fontana and (2) after the forms have been duly executed and placed in the -mail to this office. Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • Mr. William Russell October 25, 1993 Page 2 Please contact me if I can be of any assistance or if you have any questions. Very truly yours, Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:kv cc: Multi -Construction Company and Ramirez, a Joint Venture Harry Foley, Community Development Department, Engineering/ Division, City of Fontana Culbertson Insurance Services, Inc. WASHINGTON INTERNATIONAL INSURANCE CO. CLAIM ACCOUNT VENDOR • JOHCA • DATE" INVOICE_ S3004403 VOUCHER 000162:: INTERNATIONAL' INSURANCE. COMPANY, 1930; Thoreau Drive; Suite:101c Schaumburg,' IL= 60173.; (708) 490-1850:_.:_. DESCRIPTION CHECK FACE HAS A COLORED BACKGROUND ON WHITE PAPER • BACK OF CHECK HAS HIDDEN WATERMARK PATTERN - VIEW AT AN ANGLE 30256 CHECK DATE 10/22/93 AMOUNT 26,676.75 PAYABLE'THRU BANK ONE, CHICAGO,N A. EVANSTON, ILLINOIS 0,-114719• '26,676.75 • • VERIFIED PROOF OF CLAIM STATE OF COUNTY OF ss: being duly sworn, deposes and says: 1. That he is the of JOHNSON CAT POWER SYSTEMS, a division of JOHNSON MACHINERY CO. ("CLAIMANT"), a corporation organized and existing under the laws of the State of and having its principal place of business located at , and that he is duly authorized to make this VERIFIED PROOF OF CLAIM on its behalf. 2. That on or about April 1, 1993 MULTI CONSTRUCTION CO. AND RAMIREZ, a Joint Venture ("CONTRACTOR"), was awarded and entered into a written contract with CITY OF FONTANA in which CONTRACTOR agreed to furnish all necessary labor, materials, supplies, and equipment and to perform all work necessary to construct Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"). 3. That, during the period from , 1993 to , 1993, CLAIMANT furnished labor, materials, supplies, and equipment to CONTRACTOR to be used, and which were actually used and wholly consumed, in the public work, at the agreed price of $26,676.75 and that there is now due, owing, and unpaid the sum of $26,676.75 . 4. That CLAIMANT has satisfied in full all claims related to labor, materials, supplies and equipment furnished by it to the public work, except those indicated on the back of this form, and that no such payments have been made by notes which are unpaid at this time. 5. That there are no setoffs, counterclaims, back charges, or other credits against said claim, that CLAIMANT is not indebted to said CONTRACTOR on this, or on any other account, and that CLAIMANT does not hold any note or security of any kind whatsoever for said debt. 6. That this affidavit is made in support of a claim under public works payment bond no. S-300 4403 wherein WASHINGTON INTERNATIONAL INSURANCE COMPANY is the surety, CONTRACTOR is the principal, and CITY OF FONTANA is the obligee, which bond was executed and delivered in connection with the above -described contract for the public work. 7. That as an inducement to WASHINGTON INTERNATIONAL INSURANCE COMPANY to make payment at this time, CLAIMANT hereby agrees that all guarantees and warranties it gave related to the labor, materials, supplies, and equipment CLAIMANT furnished to the public work shall remain in full force and effect, but that such guarantees and warranties shall not be extended nor enlarged hereby. Subscribed and sworn to before me this 19 day of Notary Public • • RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, JOHNSON CAT POWER SYSTEMS, a division of JOHNSON MACHINERY CO. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $26,676.25 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration SURETY's payment of $26,676.25, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this day of , 1993 ATTEST: JOHNSON CAT POWER SYSTEMS, a division of JOHNSON MACHINERY CO. By: Page 1 of 2 • • STATE OF ) COUNTY OF ) On the day of 1993, before me personally came to me known, who being duly sworn by me stated that he is the of said Claimant and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes therein mentioned. Notary Public My commission expires Page 2 of 2 Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 January 6, 1994 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No. Subfile: Dear Mr. Foley: Multi -Construction Company and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue, etc. 067-0444-S Crane Rental Service, Inc. Enclosed is a copy of the Release and Assignment executed by Crane Rental Service, Inc., Very truly yours, Peter J. VBarrett Senior Claims Attorney Bond and Professional Liability Claims PJB:kv Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • • THOMAS HOWELL GROUP (USA) INC. RELEASE AND ASSIGNMENT OF CLAIM D; JAN 51994 WHEREAS,EEfi ► a MULTI CONSTRUCTION AND RAMIREZ joint Cve venture ("CONTRACTOR") , had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, CRANE RENTAL SERVICE, INC. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $3,017.50 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to CONTRACTOR which were used and consumed in the construction the public work. NOW THEREFORE, in consideration of $3,017.50 CLAIMANT hereby releases any and all claims, demands, and causes of action CLAIMANT has against SURETY, CONTRACTOR, CITY OF FONTANA, and.. any,. other person(s) for payment for such labor, supplies, materials, or equipment. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, demands, and causes of action for payment for such labor, supplies, materials, or equipment, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, -collect,.. receive,_. compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for such labor, supplies, materials, or equipment. Signed, sealed and dated this ,‘J✓LLC day of January, 1994. AT CRANE RENTAL SERVICE, INC. Z//2 Page 1 of 2 • STATE OF CALIFORNIA COUNTY OF ORANGE On the 3rd day of January 1994, before me personally came Cathy Greinke to me known, who being duly sworn stated that (s)he is the Sec./Tres. of CRANE RENTAL SERVICE, INC. and that (s) he was duly authorized to execute the foregoing RELEASE AND ASSIGNMENT OF CLAIM and to attac corporate seal thereto, which (s)he did for the purposes therein mention (74 Notary Public My commission expires Feb. 25, 1994 Page 2 of 2 OFFICIAL SEAL JODY BONNER NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires FEB 25, 1994 CITY OF FONTANA CALIFORNIA MEMORANDUM: TO: FILE FROM: JOHN RILEY ASSOCIATE `►,GINEER/SPECIAL PROJECTS DATE: AUGUST 2, 1993 SUBJECT: TAMARIND AVENUE FORCE MAIN AND LIFT STA. NO. 8 STOP NOTICE ****************************************************************** Notified Multi -Construction Verbally on July 29, 1993 (Merle Johnson and Albert Ramirez) that the City of Fontana had received a "Stop Notice" from Crane Rental Service Inc. in the Amount of $3017.50 for work performed on May 12, 1993. Multi -Construction was told that I could not release any of their retention until this matter was cleared up. ARE RE RV SERVICE I12. SERVING CALIFORNIA AND ARIZONA July 27, 1993 Engineering Department City of Fontana 8353 Sierra Ave. Fontana, CA 92335 Re: Multi Construction Tamarind Avenue Sewer Lift Station Enclosed is our Stop Notice dated July 27, 1993 in the amount of.$3,017.50, The Stop Notice is for non-payment by Multi Construction for crane workn<Crane Rental Service, Inc. performed on May 12, 1993.E If you have any questions, please feel free to contact the undersigned. Sincerely, CRANE RENTAL SERVICE, INC. Jody Bonr'er Credit Manager enclosures SPECIALIZED gr'} 1901 West Collins Ave., Orange, CA 92667 • (714) 997-3100 24 Hours CARRIERS QRIA (310) 860-7816 • (800) 697-6980 • (714) 771-5800 FAX & RIGGING ASSOCIATION 1115 W. Ranch Rd., Tempe, AZ 85284 • (602) 893-0081 • (602) 893-0291 FAX Valtroenia giudging ,m 460cialion 0 w E R C 0 P, CALI RNIA PRELIMINARY OTICE 3048706 IN ACCORMICE WITH SECTION 3097 AND 3098, CALIFOIKIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT ... CONSTRUCTION LENDER or. Reputed Construction Lender, if any same as owner °! FOLD HERE OWNER or PUBLIC AGENCY or Reputed Owner (on public work) (on private work) City of Fontana City Hall 8353 Sierra Ave. Fontana, cA 92335 L Construction loan no. FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor, if any CRANE RENTAL SERVICE, INC. (name of person or firm furnishing labor, services, equip- 2 1993 ment or material) (if known) 1901 W. Collins Ave. : (address of person or firm furnishing labor, services, .Orange, CA 92667 equipment or material has furnished or will furnish labor, services, equipment or materials of the following general description: (general description of the labor, services, equipment or EQUIPMENT RENTAL SAME material furnished or to be furnished) for the building, structure or other work of improvement located at• Sewer Lift Station, wEst (address or description of job site side of Tamarand So of Elover, sufficient for identification) Fontana, cA The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Multi Construction (name and address of person or firm) 2440 N. Glassell Orange, CA 92665 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: (Dollar amount must be furnished to construction lender — optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (address) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or, part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. A Credit Manage (title) Telephone Number( 714) 997-3100 This form (No. 594 Revised 1/80) © Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 December 1, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No. Subfile: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S R.J. LaLonde, Inc. Dear Mr. Foley: Pursuant to our telephone conversation of November 29, 1993, enclosed is a copy of the Release and Assignment executed by R.J. LaLonde, Inc. Very truly yours, &0.41k eter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:btc Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • RELEASE AND ASSIGNMENT OF CLAIM THOMAS HOWELL GROUP (USA) INC. NOV 18 1993 ECEHE WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, R.J. LALONDE, INC. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $10,954.50 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $10,954.50 CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, -or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this i 6 day of Niplikr1b ( ATTEST: , 1993 Page 1 of 2 STATE OF C_aIIri) rn) COUNTY OF LC)S kr u“-AP-'1. ) I_ On the 6day o "'D�0 JV( 1993, before me personally came r ck S. L Q, to me known, who being duly sworn by me stated that he is the 52c-RgTa ►'L' of said Claimant and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposesthereinmentioned. Notary Public My commission expires Oct. It 1 (C1g1 ROXANDRA BRAMBLETT COMM. # 1006979 Notary public — California LOS ANGELES COUNTY My Comm. Expires OCT 11, 1997 Page 2 of 2 Ariwz \ oarz///Aay /'/^\\\\\\\v/J//` may- office \\\\\\\i STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION F (Public or Private Work) (Per California Civil Code Section 3103) Cust: Multi Construction MY City of Fontana Pump Station Project: (Name of owner, public body or construction fund holder) 8353 Sierra Ave. )Address. II directed to a bank or savings and loan assn., use address of branch holding fund) Fontana, CA 92335 TAKE NOTICE THAT whose address is (Citystate and aip) R.J. Lalonde, Inc. ame) Tamarind & S over (Address) Fontana, CA (City, state and zip) Name of the person or firm claiming the slop notice. Licensed contractors must use the name under which contractor's license is issued) 6947 Atlantic Ave., Long Beach, CA 90805 (Address of person or firm claiming slop notice) has performed labor and furnished materials for a work of improvement described as follows: Pump Station, Tamarind & Slover, Fontana, CA (Name and location of the protect where work or materials were furnished) The labor and materials furnished by Claimant are of the following general kind: Farth Moving Equipment and Operating Engineers (Kind of labor, services, equipment. or materials furnished or agreed to be furnished by claimant) Total value of the whole amount of labor and materials agreed to be furnished is: $ ' 14, 690.00 The value of the labor and materials furnished to date is: $ 14, 690.00 Claimant has been paid the sum of: $ 735.50 and there is due, owing and unpaid the sum of: $ 13, 954.50 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: By: R.J. Lalonde, Inc. NName of stop notice claimant) Owner or agent of stop notice claimant must sign here and verily below) VERIFICATION I, the undersigned, say: I am the President of President ppartner or the claimant named in the foregoing Stop Notice: I have read said Stop Noticeandknow the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 8-5-93 (Gate this document was signed) Executed on 19 — at Long Beach California. ' (Name of city My) stop notice signed�� iPersonal signature of the individual who is swearing that the contents of stop notice are hue) REQUEST FOR NOTICE OF ELECTION _ (Private Works Only)., (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed staj�t�pe—d envelope. is information must provided b you under Civil Code Sections 3159, 3161, or 3162. Signed: ""'�" IZud-e (Claimant must enclose sell -addressed stamped envelope) See reverse side for,additional information. WOLCOTTS FORM 894—STOP NOTICE —Rev. 5-90 (price class 31 1990 WOLCOTT'S, INC. Before you use this form. read it. fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer it you doubt the lorm's fitness for your purpose and use. Wolcot(s makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §§3179-3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code §§3156-3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 December 3, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S Cattrac Construction, Inc. Enclosed is a copy of the Release and Assignment Cattrac Construction, Inc. PJB:kv Very truly yours, executed by ad* Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group THOMAS HOWELL GROUP (USA) INC. DEC 0 2 1993 RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a -.joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, CATTRAC CONSTRUCTION ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $1,750.00 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $1,750.00, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all• claims, demands, liability, and causes of action CLAIMANT has under., the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this 30th day of , 1993 ATTEST: November Stephanie A. Dineen President Page 1 of 2 STATE OF California COUNTY OF San Bernardino On the 30th day of November 1993, before me personally came Stephaine A. Dineen to me known, who being duly sworn by me stated thatshe is the President of CLAIMANT and that she was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes,therein mentioned. - e Notary Public 10-12-95 My commission expires Page 2 of 2 OFFICIAL NOTARY SEAL WENDY L. LAYMAN Notary Public— California SAN BERNARDINO COUNTY My Comm. Expires OCT 12,1995 Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO City of Fontana (Name of Construction Lender, Public Body or Owner) 8353 Sierra Avenue, Fontana, CA 92335 (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor. Multi Construction Sub Contractor (If Any) Owner or Public Body. City of Fontana Improvement known as Sewer Force Main (Name and address of project or work of improvement) 11228 Tamarind in the City of Fontana , County of San Bernardino State of California. Cattrac Construction, Inc. , Claimant, a Corporation (Claimant) (Corporation/Partnership/Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Multi Construction (Name of Subcontractor/Contractor/Owner-Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was 230 Loader and Backhoe rental (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished $ 5,250.00 Total value of labor, service, equipment, or materials actually furnished is $ 5,250.00 Credit for materials returned, if any $ —0— Amount paid on account, if any $ 3,500.00 Amount due after deducting all just credits and offsets $ 1,750.0 0 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 1,750.00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is attached. (Bond required with Stop (is/is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date August 9, 1993 Name of Claimant Cattrac Construction, Inc. 15030 Slove/11114nue not ineen — President VERIFICATION I, the undersigned, state: I am the President of Cattrac Construction, Tne ('Agent of; "President of'; 'A Partner of; "Owner of; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 9th State of California (Official Capacity) , 19 93 t Fontana + (Signature of C!a' t o thorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) BICA FORM 4 .(FSNOI) 111189 0 d1! E R C 0 P Y CALIIVRNIA PRELIMINARYYOTICE 2942928 IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or Reputed Construction Lender, if any FOLD HERE__._. CITV OWNER PUBLIC AGENCY or Reputed Owner (on public work) (on private work) The City of Fontana Engineering and Construction P. o. Box 518 Fontana, Ca. 92344 L Construction loan no (if known) FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor, if any Multi Construction 2440 N. Glasselle Ave. Unit X Orange, CA. 92665 Cattrac Construction, Inc. (name of person or firm furnishing labor, services, equip- ment or material) 15030 Slover Ave. (address of person • or firm furnishing labor, services, '.Fontana, Ca. 92335 equipment or material has furnished or will furnish labor, services, equipment or materials of the following general description: FL 230 Loader (general description of the labor, services, equipment or material furnished or to be furnished) for the building, structure or other work of improvement located at• 11228 Tamarind (address or description of job site Fontana, Ca. 92334 sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Multi Construction (name and address of person or firm) 2440 N. Glasselle Ave. Unit X Orange, Ca. 92665 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: r (Dollar amount must be furnished to construction lender — optional as to owner or contractor) Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) (name) (address) (name) (address) (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid In full for the labor, services, equip- ment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. Dated. M 19, 1993 SusdirM Hall, Credit th . Telephone Number( 909 ) 359-1 1 46 This form (No. 594 Revised 1/80) o Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251-1100 RECEIVED JAN 101994 CITY ENGINEER'S O we January 6, 1994 Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Multi Construction Co. and Ramirez, a j.v. Surety: Washington International Insurance Company Bond No.: S-300 4403 Obligee: City of Fontana Project: Sewer Force Main for Tamarind Avenue, etc. Case: Engineers Sales -Service Company, Inc. v. Multi Construction Inc., City of Fontana, et al. San Bernardino Superior Court case no. SCV 07241 Our File No.: 06700444-S Subfile: Engineers Sales -Service Company., Inc. Dear Mr. Foley: To complete your records, enclosed is a conformed copy of a Request for Dismissal, dismissing the entire action with prejudice, filed with the San Bernardino Superior Court on. November 9, 1993 by Engineers Sales -Service Company, Inc ("ESSCO"). Enclosed with our letter dated November 5, 1993 was a copy of the Release and Assignment of Claim by ESSCO. Please advise if you need any further documentation in order to release ESSCO's stop notice and to disburse the funds to Washington International Insurance Company. Very truly yours, ath....actuuott- Peter . Barrett Senior. Claims Attorney Bond and Professional Liability Claims PJB:kv Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group Plaintiff(s): ENGINEERS SALES SERVICE CO. INC a California corporation Defendant(s): MULTI CONSTRUCTION INC . et al (Abbreviated Title) Name, Address and Telephone No. of Attorney(s) ROBERT LEIGHTON Suite 121, 1 West California Blvd Pasadena, California 91105 State Bar # 48985 Attorney(s) for . Eng (1e2 .5..SA1.es. Sarm ice.Co. Plaintiff 1-7 Space Below for Use of Court Clerk Only ED Central District ((v� ` a. t�Y4P^, l,,,lrt F+..�.��....��y CLERK •;;A i7''.i. A'r.Ird C":,iNI NOV C 91993 Inc. e„... DEPUTY SLJPRI IO1 COURT OF CALIFORNIA, COUNTY OF..S .BE.RNARDINO (SUPERIOR, MUNICIPAL, or JUSTICE) , ,N9g0..A x4Whead .AVeuue i . San• .Be.znard ino,..Caa. 92415 (Name of Municipal or Justice Court District or of branch court, if any) CASE NUMBER SCV 07241 REQUEST FOR DISMISSAL TYPE OF ACTION ❑ Personal Injury, Property Damage and Wrongful Death: ❑ Motor Vehicle ❑ Other ❑ Domestic Relations ❑ EminentDomain ❑ Other: (Specify) ..Br.each..o£_cant r.act TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) ❑ Without prejudice ❑ Complaint only ❑ Petition only 1. ® With prejudice 2. ® Entire action ❑ Other: (Specify)' Dated' ....NoYemher...$ ..199.3 •If dismissal requested is of specified parties only, of specified causes of action only or of specified cross -complaints only, so state and Identify the partiescauses of action or cross-acm:)lnint3 to be dismissed. 0 Cross -complaint only Attorney(s) for .Engine.e.CR„Inc plaintiff ROBERT LEIGHTON (Type or print attorney(s) name(s)) TO THE CLERK: Consent to the above dismissal is hereby given." Dated: "When a cross -complaint (or Response (Marriage) seeking affirma- tive relief) is on file, the attorney(s) for the cross -complainant (respondent) must sign this consent when required by CCP 581(1), (2) or (5). Attorney(s) for (Type or print attorney(s) name(s)) (To be completed by clerk) ❑ Dismissal entered as requested on ❑ Dismissal entered on as to only ❑ Dismissal not entered as requested for the following reason(s), and attorney(s) notified on , Clerk Dated By , Deputy Form Adopted by Rule 982 of CCP 581, etc.; r., Cola. of Court. November 5, 1993 Mr. Harry Foley Engineering Division Community Development City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Thomas Howell Group (USA) Inc.` International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 v, NOV - 0 (993 I CRY ENGINEERS OFFICE Department Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 06700444-S Engineers Sales -Service Company, Inc. Enclosed is a copy of the Release and Assignment of Claim executed by Engineers Sales -Service Company, Inc. Please contact me if I can be of any assistance. Very truly yours, &44.`/ -- Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:mk Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, ENGINEERS SALES -SERVICE COMPANY, INC. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $67,128.25 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $67,128.25, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this day of ZYji! , 1993 ATTEST: ENGINEERS SALES -SERVICE COMPANY, INC. By: Page 1 of 2 STATE OF Le.O.b.-b .xlex.) COUNTY OF'n,v OUlTIUW On the 100. day of 11W‘62n j— 1993, before me personally came 1-- J0rne. =Virt4 to me known, who being duly sworn by me stated that she is the ro- trrrr.6wp—py of said Claimant and that$he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, whichshe did for the purposes therein mentioned. Notary Public My commission expires "La OFFICIAL SEAL JO LYNN M. OSBORNE Notary Public - California PRINCIPAL OFFICE IN LOS ANGELES COUNTY MY COMMISSION EXPIRES JUNE 3, 1995 Page 2 of 2 • • To: Certified mail no: PUBLIC WORK STOP NOTICE City of Fontana 8353 Sierra Avenue Fontana, California 92335 Re: Tamarind Avenue Sewer Lift Station Fontana, California Claimant: Engineers Sales Service Co. Inc., P.O. Bex 7035, 4935 Telegraph Road, Los Angeles, California 90022-•93t-has furnished equipment and materials of the following kind: to or for: Two Essco 6 x 6 x 14 x 3 submersible pumps; Two 30 h.p., 1150 rpm, 460/3/60 UL listed Reliance motors with 40 ft. motor leads; Two 6" slide rail assemblies Four 2" S.S. guide brackets Two 3/8" x 7/16" x 30' lifting cables Two certified pump performance tests Two spare impellers dynamically balanced Two spare TC v TC lower mech. seals One Essco NEMA control panel motor control center (MCC) with GE NEMA 1B enclosure Multi Construction Inc Unit X 2440 N. Glassell Orange, California 92665 for the work of improvement described above. The amount in value of the equipment and materials agreed to be furnished is $62,300.00 plus California sales tax, a total of $67,128.25. The amount in value of that already furnished is $67,128.25. Claimant has been paid nothing, and there remains due and unpaid the sum of $67,128.25 plus interest at the rate of ten per cent per year from July 19 1993. You are required to set aside sufficient funds to satisfy this claim with interest. ENGINEERS SALES SERVICE CO. INC. BY: .:TITLE; I, the undersigned, say: I am the President/Secretary/ Treasurer of Engineers Sales Service Co. Inc., the claimant named in the foregoing stop notice. I have read the stop notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California on 7/2 7 1993. Signed: ENGINEERS SALES"SERVICE COMPANY, INC. 4935 Telegraph Rd. • Los Angeles, CA 90022-3835 (213) 261-2181 FAX (213) 261-1523 August •2- 1993 RECEIPT OF STOP NOTICE Ref: Tamarind Ave. Sewer Lift Station Fontana, California Multi Construction Inc. Receipt of Stop Notice is hereby acknowledged. Received by, Title City of Fontana Date of receipt of Stop Notice CALIFORNIA PRELIMINARY NOTICE YOUR ATTENTION IS DIRECTED TO SECTIONS 309 98 AND 3111, CALIFORNIA CIVIL CODE WHICH RE"1-ES US TO NOTIFY YOU "THAT IF BILLS ARE NOT PAID IN FULL FOR LABOR, SERVICES, EQUIPMENT OR MALS FURNISHED, OR TO BE FURNISHED, THE IMPROViir OPERTY (WHICH IS DESCRIBED HEREON( MAY BE SUBJECT TO MECHANICS' LIENS". (THIS STATEMENT Is APPLICABLE TO PRIVATE WORK ONLY.) THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. 499 4 YOU ARE HEREBY NOTIFIED: DATE ` August 3, 1993 THAT THE UNDERSIGNED HAS FURNISHED 'OR, WILL FURNISH LABOR, SERVICES; EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION: Engineers inees Sales -Service Cu. Inc 1 + 2 S C 6 6}nl4R3 puMps.ley/30 HP (NAME) - .. 4935 -Telegraph Red: (ADDRESS) INDIVIDUAL Los Angeles, Ca. 90022 OR FIRM 6:2/3) a r-aj-g/` (STATE) (SIGNATURE) (ZIP) ' H. J. Ivins, Treasurer 8/3/93 (TITLE( (DATE) THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF SUCH LABOR, SERVICE,•EQUIPMENT OR MATERIAL Is Multi Construction Inc. 2440 N. Glassell, Unit X Orange, Ca. 92665 City of Fontana TO: OWNER, REPUTED OWNER, OR PUBLIC AGENCY 8353 Sierra Ave. Fontana, Ca. 92335 Multi Construction Inc. TO: ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR Orange, Ca. 92665 2440 N. Glassell, Unit X TO: CONSTRUCTION LENDER OR REPUTED •r .�iy?'�.ti�'f.3 �i�tl�~V��1-] �.`. F.rti'_. CONSTRUCTION '�•4 . :-' ,.-,,.a LENDER _ ! y '+!;' ,ma `�D:6 .a ) •. �' None (DESCRIPTION OF MATERIALS, LABOR, SERVICESOR EQUIPMENT FURNISHED.) Reliance motors, slide '6a-+tl% � Co; tra�� fi'�r l .( CC) accessories Tamaarind Ave. Sewer Lift Station (ADDRESS OF BUILDING, STRUCTURE, WORK OF IMPROVEMENT) Fontana, California (STATE) (ZIP) NOTICE TO PROPERTY OWNER If bills are not paid in full for thelabor, services, equipment, or mater- ials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this con- sequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your con- tractor or (2) any other method or device which is appropriate under the circumstances. TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE NAME ADDRESS NAME ADDRESS NAME ADDRESS (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) r PROOF OF SERVICE AFFIDAVIT (SECTION 3097.1, CALIFORNIA CIVIL CODE) NOTICE TO CONSTRUCTION LENDER ONLY ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIALS DESCRIBED HEREON. H. J. Ivins , declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box). (a) ❑ By personally delivering copies to at (name(s) and title(s) of person served) on 19 , at .m. (date) (time) (b) L I By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above. on Aug. 3, 19 93 I declare under penalty of perjury that the foregoing is true and correct. Signed at- Los Anodes California, on Aunt. 3, (address) ,-19 93 [ATTACH RECEIPTS OF'CERTIFIED'OR REGISTERED` MAIL WHEN RETURNED] <J t"r► slr TURE OF PERSON MAKING SERVICE F7ffiFORM ® 45449 POLY PAK (50 SETS) 4P449 4.83 OWNER COPY RECEIVED. DEC "4f9M CITY ENGINEER'S OFFICE December 6, 1993 Thomas Howell Group (USA) Inc.. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Multi Construction Co. and Ramirez, a Joint Venture Surety: Washington International Insurance Company Bond No.: S-300 4403 Obligee: City of Fontana Project: Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 Our File No.: 067-00444-S Subfile: Beard Electric Dear Mr. Foley: Enclosed is a copy of the Release and Assignment executed by Beard Electric. Very truly yours, Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:kv Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • RELEASE AND ASSIGNMENT OF CLAIM THOMAS HOWELL GROUP (USA) INC, DEC 0 6 1993 a V LS WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, BEARD ELECTRIC ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging thatthe sum of $11,455.00 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $11,455.00 CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this ATTEST: I day of %)e'G^3 Lne BEARD ELECTRIC. 1993 . Page 1 of 2 STATE OF C.A C / Fo,Z ,../f /a ) r,Ir COUNTY OF DR AA,c (•' v �� OF T`7'- `/I q� a l o ,^ Sis I�, T' (IV I 'D1.?' C[ On the / SY day of % re- ' 'i fit / 1993, before me personally came RICHARD W. BEARD, n who being duly sworn by me stated that he is the owner of BEARD ELECTRIC, a sole proprietorship, and that he executed the foregoing RELEASE AND ASSIGNMENT OF CLAIM, for the purposes therein mentioned. Vr ,JAYANTH6 J !YENGAR !.tir COMMISSION 063013 S Notary Public - California g ORANGE COUNTY C7 My Commission Expires " April 1, 1996 My commission expires Page 2 of 2 TO: PUBLIC ENTITY City of Fontana (name of public entity) 8353 Sierra Ave. STOP NCICE - PUBLIC WORKS •OJECTS (Cal. Civil Code §§3103, 3181-3187) FROM: NAME OF CLAIMANT Beard Electric (subdivision, if applicable) Fontana, CA 92335 (street or P.O. box) (name of claimant) 13924 Maryton Ave. (street or P.O. box) Santa Fe Springs CA, 90670-4925 (city) (state) (zip) (city) (state) (zip) PLEASE TAKE NOTICE that the undersigned pursuant to Civil Code Section 3181, and who performed or agreed to perform or furnished or agreed to furnish labor or material or services or equipment to Multi Construction Co., Inc. (insert name of contractor for whom performed or furnished) to be used or used in the public work of improvement consisting of: Electrical Work at Lift Station No. 8, Sewer Force Main for Tamarind Ave. (insert location and general description of public work) This public work is being performed or constructed pursuant to the ORIGINAL CONTRACT, # SB-4R—q3-1—A , entered into between you and Multi Construction Co., Inc, , the original contractor for the work of improvement. The following labor, materials, services, or equipment have been performed or furnished between the dates of June 16, 1993 ,19 and July 30 ,1993 Electrical Work at Lift Station No. 8 (insert general description of labor, materials, services, or equipment) PLEASE COMPLETE: 1. Do you have a direct contractural relationship with the prime/original contractor? 2. Is the claim for ACTUAL LABOR for wages owing claimant? *****If the answer to both qeustions is NO , please complete questions 3 and 4: 3. On what date did you first furnish labor, services, equipment, and/or materials? June 16 4. Within 20 days of that date, did you serve a preliminary notice under Civil Code §3098? a.) On the prime/original contractor? b.) On the above public entity? 5. That the total value of labor, services, equipment, and/or materials furnished by claimant or agreed to be performed is: $ 11,455.00 YES NO (X) ( ) ( X ) ( ) 6. That the value of labor, services, equipment and/or materials so performed or furnished as of the date of this notice is: $ 11,455.00 7. That such claim has not been paid except that there has been paid thereon the sum of• $ —0- 8. That there remains unpaid which is due this claimant and is unpaid: AMOUNT OF CLAIM $ 9. Interest on the amount of claim from July 30 , 19 93 to date of this notice at the rate of 12 per cent per annum: 11,455.00 $ 114.00 , 1993 Therefore, the undersigned hereby requests and demands that you withhold sufficient funds to satisfy this claim as required under Section 3186 of the California Civil Code relating to stop notices for public works. DATED: August 25, 1993 (sign ture of claimant's officer or agent) (310) 802-1800 Owner (telephone number) 409958 (contractor's license number) (title) VERIFICATION I, Richard W. Beard . ' , declare that: I am the person named as claimant or agent for claimant in the foregoing stop notice. I have read it and know the contents thereof. It is true and correct of my own personal knowledge and contains, among other things, a correct statement of my demand. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on August 25 , 19 93 at Santa Fe Sprinas , California. White -Public Entity Copy, Canary -File Copy (signature) P.O. Box 512, Loomis, California 95650 (916) 652-7237 VFR, Inc. - FORM EE • TO: City of Fontana PUBLIC (name of public entity) ENTITY (subdivision, if applicable) 8353 Sierra Ave. (street or P.O. box) Fontana (city) CA (state) 92335 (zip) GENTLEMEN: In accordance with Sections 3158 and 3181 of the California Civil Code, you are hereby served a stop notice concerning the public work of improvement consisting of: Electrical Work at Lift Station No. 8, Sewer Force Main for Tamarind Ave. (insert location and general description of public work) This public work is being performed pursuant to ORIGINAL CONTRACT# SB-48-93-1-A entered into between you and Multi Construction Co., Inc. or reputed original contractor for such improvement. , the original Pursuant to Section 3185 of the California Civil Code, enclosed is the sum of TWO DOLLARS ($2.00), in the form of a check or money order, to cover the cost of notification of completion or cessation. Please send said notice of completion or cessation to the undersigned. SINCERELY, Beard Electric DATED: 8/25/93 (name of firm) ',2 (signature of claimant or agent) Owner Contractor's License # 409958 (title) 13924 Maryton Ave, (street or P.O. box) Santa Fe Springs, CA 90670-4925 (city, state, zip) Telephone: (310) 802-1800 DECLARATION OF SERVICE I, Martha Stevans , declare that I served the above Request for Notice of Completion/Acceptance or Cessation by first class registered/certified mail, postage prepaid, on the public entity at the above address, on August 25 ,19 93 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 25, 1993 Signature of person making service: 714-6 (6 , at Santa Fe Springs , California ATTACH RECEIPT OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED White -Public Entity Copy, Canary -File Copy VFR, Inc. - FORM FF r� PUBL RY 20-DAY ICE PUBLIC ENTITY: City of Fontana (NAME) 8353 Sierra Ave. -7i993 CITY ENGINEER'S OFFICE (ADDRESS) Fontana CA 92335 (CITY) (STATE) (ZIP) ORIGINAL CONTRACTOR OR REPUTED ORIGINAL CONTRACTO Multi Construction Co. Inc. (NAME) 2440 Glassell Suite X PRIME SUBCONTRACTOR (IF APPLICABLE): (CITY) (ADDRESS) Orange CA 92665 (STATE) (ZIP) (NAME) (ADDRESS) (CITY) (STATE) (ZIP) NOTICE IS HEREBY GIVEN that the undersigned has performed and will perform or has furnished and will furnish labor or services or equipment or materials to the construction project located at: Sewer Force Main and Lift Station No. 8 Tamaring Ave. (DESCRIBE JOBSITE SUFFICIENTLY FOR IDENTIFICATION) The following information is given as required by Section 3098 of the Civil Code of the State of California: 1. The labor or services or equipment or materials performed and to be performed or furnished and to be furnished is/are as follows: Electrical Work at L, t Stann No. 8 (STATE G RAL DES RI TION WITH SUBSTANTIAL ACCURACY) 2. Labor or services or equipment or materials was/were performed or furnished from: ,Pimp. 16 , 19 93 to , 19 ; and 3. The labor or services or equipment or materials was/were/and will be performed or furnished to: >urtl1ti C'nnsi-rtictinn Co. Inc. (INSERT NAME OF PARTY WHO CONTRACTED FOR THEIR PURCHASE) DATED* 6/30/91 Telephone Number (310 ) 802-1800 Contractor's License # 409958 Beard. Electric . N IE OFF M) (SIGNATURE OF CLAIMANT OR AGENT) Owner (TITLE) 1 '3924 Maryton Ave. (STREET OR P.O. BOX) Santa Fa Spry ngF CA 90670,-4925 (CITY, STATE, ZIP) DECLARATION OF SERVICE I, Martha Stevan , declare that I served copies of the above ,Preliminary Notice by first class registered/certified mail, postage prepaid, on the public entity, original contractor, and where' applicable the prime subcontractor at the above address, on June 30 ,19 93 . I declare, under penalty of perjury, that the foregoing is true and correct. Executed on 9i''-44ww—Ri3., 1,993 , at Santa FP Springs , California Signature of person making serviced ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED White -Public Entity Copy, Canary -General Convector Copy, Pink -Prime Subcontracts Copy (916) 652.7237 VFR, Inc. - FORM AA Copy, Goldenrod -Fib P.O. Box 7, Loomis, California 95650 Thomas Howell Group (USA) Inc.• International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 December 14, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File N Subfile: Dear Mr. Foley: RECEIVED DEG 2 7193 CITY ENGINEER'S OFFICE Multi Construction Co. and Ramirez, a Joint Venture Washington International S-300 4403 City of Fontana Sewer Force Main for Tamarind Sewer Lift Station No. 8, Bid 067-00444-S S.M. Plotkin Equipment Rental Insurance Company Avenue and No. SB-48-93 Enclosed is a copy of the Release and Assignment of by S.M. Plotkin Equipment Rental, Inc.. PJB:btc Inc. Claim executed Very truly yours, ittv &yule Peter J. Barrett Senior Claims Attorney. Bond and Professional Liability Claims Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • • RELEASE AND ASSIGNMENT OP CLAIM WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "thepayment bond"), and WHEREAS, S.M. PLOTKIN EQUIPMENT RENTAL, INC. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $1,456.00 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $1,456.00, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subroga.te and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in"its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this 2't'`'X day of Ncuram„b<I- , 1993 S.M. PLOTKIN EQUIPMENT RENTAL, INC. By: f.P.L G. /°�- PJ Page 1 of 2 COUNTY OF L ) On theday �25 i of 1993,before me personally came CC.LG PU 0, -,P1 c, - \ v to m knpwn, who being duly sworn by me stated that (s)he is the p! iCt L/4 of said CLAIMANT and that (s)he was duly authorized to execute the foregoing RELEASE AND ASSIGNMENT and attach the corporate seal thereto, which (s)he did for the purpos=s therein mentioned. My commission expires. 6, 1? 72 Notary Pub JAMES K HEVER COMM. # 1034246 Notary Public — California ORANGE COUNTY My Comm. Expires SEP 6.1997 Page 2 of 2 i STOP NOTICE s LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: City Of Fontana Engineering Dept. (Name of owner, public body or construction fund holder) 8353 Sierra Ave. (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) Fontana, CA 92335 TAKE NOTICE THAT whose address is Project: Lift Station On Tamarind Ave. (Name) Between Santa Ana Ave. & Jurupa Ave. (Address) Fontana, CA (City. state and zip) (City, state and sip) S.M. Plotkin Equipment Rentals, Inc. (Name of the person dr firm claiming the stop notice. Licensed contractors must use the name under which contractor's license is issued) P.O. Box 2534 Cypress, CA 90630 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: Lift Station On Tamarind Ave. Between Santa Ana Ave. & Jurupa Ave,, Fontana, CA (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Furnished One 446 CAT Backhoe On An Hourly Rental Rate --- Operated, Maintained, & Transported. (Kind of labor, services, equipment, or materials furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: Multi Construction, Inc. P.O. Box 2665 Orange, CA 92669 (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: $ 1.456.00 The value of the labor and materials furnished to date is: $ 1,456.00 Claimant has been paid the sum of: $ 0.00 and there is due, owing and unpaid the sum of: $ 1,456.00 plus interest You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: By: S.M. Plotkin Equipment Rentals, Inc. (Name of stop notice claimant) te' • G. %C _ P,a p.c.s1 nher (Owner or a ent of stop ndtice claimant must sl n here and verily below) Ellen G. Plotkin, President I, the undersigned, say: I am the VERIFICATION President ("President or, "A partner or. "Owner or, "Agent or. etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Sept. 27 Executed on (Date this document was signed) 19 93 at Cypress California. (Name of city where stop notice signed) t-Lt- 6. P • iAisAwa..oL4.,..t (Personal signature of the individual who is sweating that the contents of stop notice are true) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed. (Claimant must enclose self-addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894—STOP NOTICE —Rev. 4.91 (price class 3) Ru1991 WOLCOTTS, INC. Before you use (his form, read It, fill In all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer g you doubt the form's fitness for your purpose and use. Wolcott makes no representation or warranty, express or Implied, with respect to the merchantability or fitness of this form for an Intended use or purpose. // nhAm\\\\'`"////A\\\' ��////v////////- v 1\\\kvv A//IImot \\\ i ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §§3179.3214. (2) On a private lob, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code §§3156-3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. • Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 December 1, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S Marden Susco, Inc. Pursuant to our telephone conversation of November 29, 1993, enclosed is a copy of the invoice of Marden Susco, Inc. dated October 27, 1993 giving the contractor a $1,968.50 credit for materials returned. Please note that with our letter dated November 17, 1993 we enclosed a copy of the Release and Assignment executed by Marden Susco, Inc. Under the fourth paragraph of this document, Marden Susco, Inc. released all claims for payment for labor, supplies, materials, or equipment it furnished to the project. We believe you have all the necessary documentation necessary for the release of the stop notice. However, please contact me if you need anything else. Very truly yours, Pter. J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:btc Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group F—DIW-iMJ04 F—D I SSEELMJP O F—DISSBELMJ044 F—CITEFLGI0- F—DIRDFLGO806 F—DISSBELMJ122 F—DISSBELGTO62 .F—DISSBELGT069- F—DISSBEL'GT084: MTRL—TAXABLE 199.00 MTRL—TAXABLE FLG • 95.00 —'36 00 — St 00 —1.99.00 — 190.00 MTRL —TAXABLE W 90.00 —90 00 — 73.00 — 82.00 —357.00 — 119.00 • r - } » � iRETURN tOP xMTRLr FAX1 LCF { ...T r pr, y. '. -�,a• ST i .,ems ce DU0-111. Et-,J1ON SSB .ELBOG .� 1 1 9 QO � ..•. .: — RETURN OF.MTRL_-TAXABLE MTRL—TAXABLE - OW : 73.00 MTRL—TAXABLE 1 DUCTILE IRON SSB ELBOW 82.00 ..GT6" 90 - - .. - •- RETURN OF MTRL—TAXABLE 3 DUCTILE IRON SSB ELBOW 119.00 RETURN OF 1 DUCTILE IRON SSB ELS MJ 12" 22-1/2 -RETURN OF 1 DUCTILE IRON SSB ELB GT: 6" 22-1/2 • RETURN OF GT..S„ 4S,• - 4. - RETURN OF MTRL—TAXABLE :F-DISSBELGT082 "x: :1..- 1.--DU'CTILE IRON SSB ELBOW 119.00 . OX 1987 ,N MARCOS, CA 92079-1987 619) 471-3771 • Corporate Headquarters `'766-PIPE RRIS FACILITY EDIT MEMO SANTA ANA PAILMDALE 4111 066536000000 SAN MARCOS OXNARD PERMS HONOLULU C2011337-6 MULTI CONSTRUCTION TAMARIND FORCE MAIN FONTANA !JAPPHOII F OAP P.O. ORDER NO: A91298 SHIPMENT: 00 INVOICE DATE: 1 0/27/ 93 JOB NO.: TERMS: 2X 10TH PROX NET 30 0 PRODUCT QTY DESCRIPTION F—SPLFLGOS12 2 SPOOL FLG B X 12 RETURN OF F—SFLFLGO424 1 SPOOL FLG 4 X 24 RETURN OF DUCTILE IRON WYE MJ 4" UNIT PRICE AMOUNT 140.00—230.00 MTRL—TAX BLE • .00 .00 MTRL—TAXABLE 167.00 —167.00 RETURN OF MTRL—TAXABLE 4 DUCTILE IRON SSB ELBOW 59.00 MJ X PE 4" 45 RETURN OF MTRL—TAXABLE 1 DUCTILE IRON SSB ELBOW 58.00 MJ 4" 45 RETURN OF 1 CASTIRON TEE FLG 10" RETURN OF 2 DUCTILE IRON REDUCER 8 X 6 CONTINUED ON NEXT RAGE 1 ORIGINAL • • IMARDEN SUISpC0d P.O. BOX 1987 SAN MARCOS, CA 92079-1987 (619) 471-3771 • Corporate Headquarters (800) 766-PIPE C1_)STOMFR NO R=nITI)F -1 PERRIS FACILITY CREDIT MEMO SANTA ANA PALMDALE SAN MARCOS OXNARD PERRIS HONOLULU C201 1 53.E-6 MULTI CONSTRUCTION TAMARIND FORCE MAIN FONTANA ITEM PRODUCT 014 F-DISSaTTEGTO8 01 5 H-E XTGR060S3 • 016 H-EXTGR06128 017 INVOICE: NO? 066536000000 QAPFW(Th • no. P.O. #: ORDER NO: A91288 SHIPMENT: 00 INVOICE DATE: 1 0/ 27/93 JOB NO.: TERMS: i0TH PROX NET 30 D OTY DESCRIPTION UNIT PRICE AMOUNT 2 DUCTILE IRON SSB TAPT 6.00 -120.O TEE GT 3" RETURN OF MTPL T1,X,BL E 2 HYDRANT EXT GROOVED SH 28.00 6 X 8 RETURN OF MTRL-TAXABLE HYDRANT EXT GROOVED SH 34.00 6 X 12 RETURN OF MTRL-TAXABLE RESTOCKING CHARGE SALES TAX -56 . 0+) -34.00 380.45 -168.9E TOTAL 1,968.5o ORIGINAL Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 November 17, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Enclosed is a copy of the Release and Assignment executed by Marden Susco, Inc. PJB:kv Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S Marden Susco, Inc. Very truly yours, ats . tt Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • RELEASE AND ASSIGNMENT OF CLAIM WHEREAS, MULTI CONSTRUCTION ("CONTRACTOR"), had a contract with CITY OF FONTANA in which public work described as Sewer Sewer Lift Station No. 8 ("the AND RAMIREZ, a joint venture dated on or about April 1, 1993 with CONTRACTOR agreed to construct the Force Main for Tamarind Avenue and public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned" on" CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, MARDEN SUSCO, INC. ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $43,254.01 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $43,254.01 CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive,compound,' -and' release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this ATTEST: 15thday of November MARDEN SUSCO, INC. �rnc�,. By: , 1993 Scott M Groenigr President, Marden Susco, Page 1 of 2 ECE1VED Nov 2 91993 Inc. CITY ENGINEER'S OFFICE STATE OF California ) COUNTY OF On the Fifteenth day of November 1993, before me personally came Scott M Groeniger to me known, who being duly sworn by me stated that he is the President of said Claimant and that he was duly authorized to execute the foregoing assignment and release and attach the corporate seal thereto, which he did for the purposes herein mrrltioned. San Diego SHERRY HENRY Commission 0983883 < A Notary Public • CaliforniaCallfornlaA San Diego County n,E!inr January 31, 1997 My commission expiresrT-31-97 Not Sherry Henry Page 2 of 2 PUBLIC WORK STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS AND REQUEST FOR NOTICE OF FILING OF NOTICE OF ACCEPTANCE, COMPLETION OR CESSATION CIVIL CODE §3185 TO: City of Fontana PROJECT: Sewer Force Main 8353 Sierra Ave. Fontana, CA 92335 Tamarind Ave. & Sewer Lift Station #8 TAKE NOTICE THAT Marden Susco, Inc. whose address is 1550 W Linda Vista Dr. San nrrnq CA 92069 has performed labor and furnished materials for a work of improvement described as follows: Sewer Force Main Tamarind Ave. & Sewer Lift Station # S P i'wPPn _ Santa Ana & Jurupa Fontana, CA 92335 The labor and materials furnished by claimant are of the following general kind: Pipe & Fittings For Water & Sewer Systems The labor and materials were furnished to or for the following party: Multi Construction The value of the whole amount of labor and materials agreed to be furnished is $ 63, 000.00 The value of the labor and materials furnished to date is $ 60,332.96 Claimant has been paid the sum of $ 1 S , n n n n n , and there is due, owing and unpaid the sum of $ 45,332.96 , together with interest at the rate of 18 % per annum from 10-15-93 You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice to Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. RECEIVED FIRM NAME: Marden Susco. Inc. Scott Tolstad VERIFICATION I, the undersigned, say: I am the credit mqr. of the claimant of the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 10-4-93 at San Marcos California. *COPYRIGHT 1966. CONSTRUCTION NOTICE SERVICES, INC., SAN DIEGO, CALIFORNIA • (619) 893-8871 Or7 kurs cr PaBLIC r eENIcv'.S COPY * * * * * * * * * * * * * * m v r 6 0 m IIEH1S3a3d b) D D OF RED STARS IS SHOWING IN THE 1fJI DO f1OA 3513 LSO In m r m 0 G L1 * * * * * * * * * For Use y Sub -Contractors; Materialmen-Supplier hitects; 8 2 8 8 5 ,,,,Engineers; and Other Non -Contractor Claimants P,1® On 1� ■ 4- PUBLIC or PRIVATE Construction Projects. Legal Notice Prerequisite To Filing Claim Of Lien And/Or Stop Notice—"20-Day Pre . arylloticPe" Per Sections 3097 and 3098 of California Civil Code (as amended by As embly Bil � i I V E j ' Effective January 1, 1977, January 1, 1978 and Septem 16, 19 e� TO: LENDER (Or. Reputed Lender) OF CONSTRUCTION FUNDS (If A Name None Street City 5 663 CITY ENGINEER'S OEFI L_ J Note: If address of above party is not known, JOB SITE ADDRESS may be substituted on second and third lines above. If name of lender is not known, you may substitute the words "CONSTRUCTION LENDER" on first line. 13 C- cn o o om boo **4**********itJr- ********4**** • *it=F-•--I ya City Of Fontana Engineering Dept. Street 33523 Sierra Ave. W E Fontana, CA 92335 City o. ,**************************************** *41 Note: If address of above party is not known, JOB SITE ADDRESS may be substituted on second and third lines above. If name of owner is not known, you may substitute the word "OWNER" on first line on private work only. TO: ❑ OWNER (Or Reputed Owner) (On Private Work) TO: m. C) Name ❑ PUBLIC AGENCY (On Public Work) Excerpt From Sec. 3097, Calif. Civil Code (i) The provisions of this section shall not apply to any public work which is sub- ject to the notice provisions of Section 4210 of the Government Code. ORIGINAL ("General") CONTRACTOR (Or Reputed Contractor) (If Any) P Name Street City L_ Multi Construction, Inc. P.O. Boy, 2665 Orange, CA 92669 Note: If address of above party is not known, JOB SITE ADDRESS may be substituted on second and third lines above. If name of original contractor is not known, you may substitute the words "GENERAL CONTRACTOR" on first line. (This Form Is NOT A Mechanic's Lien —Merely A Legal Requirement To Protect Lien Rights) The name of the LEGAL ENTITY (i.e. person, partnership, corporation, sub -contractor) who CONTRACTED for the 0 PURCHASE of such labor, services, equipment or material is: It) same as ORIGINAL CONTRACTOR named above; CD OR. Above named parties are informed that claimant named below has furnished (or will furnish) labor, services, equipment or material for buildings, structures or other works of improvement to project named above of following general description• T'nTrn•i-rjini9 T;rTr1^fTr"JOnprritna r airtrntne i. FROM CLAIMANT: Name Street Date July 30, 1993 S.M. P1ot-kkiyn i'rTtTiprnroni- Pe-Ant-711cl, Inc' P.O. for 2534 City ey1,1Y-or-lsE CA i.i1�._.. By Zip 90630 (Claimant Or Authorized Agent Sign Here) The estimate of the total price of the labor, service, equipment or materials furnished (or to be furnished) including cartage and any applicable taxes is ffl (This information is required to be furnished ONLY to LENDER OF CONSTRUCTION FUNDS on private work.) OWNEn On PUDLIC AGENCY'S COM? I RE CONSTRUCTION PROJECT: 4 Taiit S�a{' ion O. Tamarind T ( (Name 0r Desciiptlon i reject) 1etw. Santa Aria AVe. (Street Address Or Lot And Tract No.) 4 J1Trnprt Avn- Parcel Number ORI (Tract/Subdivision Boundaries) Fontana San E C ` -TS FROM CALIFORNIA CIVIL CODE, S CTION 3097, AS AMENDED: 097. "Preliminary 20-day notice (private work)" means a written ice from a claimant that is given prior to the recording of a m-chanic's lien and prior to the filing of a stop notice, and is re- q -wed to be given under the following circumstances: (a) Except one under direct contract with the owner or one per- forming actual labor for wages, or an express trust fund described in Section 3111, every person who furnishes labor, service, equipment, or material for which a lien otherwise can be claimed under this title; or for which a notice to withhold can otherwise be given under this title, must, as a necessary prerequisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the owner or reputed owner, to the original contractor, or reputed contractor, and to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed. (b) Except the contractor, or one performing actual labor for wages, or an express trust fund described in Section 3111, all persons who have a direct contract with the owner and who furnish abor, service, equipment, or material for which a lien otherwise can be claimed under this title, or for which a notice to withhold can otherwise be given under this title, must, as a necessary pre- requisite to the validity of any claim of lien, and of a notice to withhold, cause to be given to the construction lender, if any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. (c) The preliminary notice referred to in subdivisions (a) and (b) shall be given not later than 20 days after the claimant has first furnished labor, service, equipment, or materials to the jobsite, and shall contain the following: LEGEND TO NUMBERED BLANKS O General description of the labor, service, equipment, or materials furnished, or to be furnished, and if there is a construction lender, he shall be furnished with an estimate of total price thereof in addition to foregoing. O Name and address of such person furnishing such labor, service, equipment, or materials. • Name of the person who contracted for purchase of such labor, service, equipment, or materials. O Description of the jobsite sufficient for identification. ® The following statement in boldface type: NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your pro- perty being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances. () If such notice is given by a subcontractor who is required pursuant to a collective -bargaining agreement to pay supplemental fringe benefits into an express trust fund described In Section 3111, such notice shall also contain the identity and address of such trust fund or funds. (List here:) Operating Lngineers .U. 13OX Pasadena, ('A 91109 A certificated architect, registered engineer, or licensed land surveyor who has furnished services for the design of the work of improvement and who gives a preliminary notice as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have complied with subdivisions (a) and (b) with respect to architectural, engineering, or surveying services furnished, or to be furnished. (d) If labor, service, equipment, or materials have been furnished to a jobsite by a person who elected not to give a preliminary notice as provided in subdivision (a) or (b), such person shall not be pre- cluded from giving a preliminary notice not later than 20 days after furnishing other labor, service, equipment, or materials to the same jobsite. Such person shall, however, be entitled to claim a lien and a notice to withhold only for such labor, service, equipment, or ma- terial furnished within 20 days prior to the service of such notice, and at any time thereafter. (e) Any agreement made or entered Into by an owner, whereby the owner agrees to waive the rights or privileges conferred upon him by this section shall be void and of no effect. (h) Where the contract price to be paid to any subcontractor on a particular work of improvement exceeds four hundred dollars ($400), the failure of that contractor, licensed under Chapter 9 (com- mencing with Section 7000) of Division 3 of the Business and Pro- fessions Code, to give the notice provided for in this section, consti- tutes grounds for disciplinary action by Registrar of Contractors. Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 December 1, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 067-00444-S Hood Corporation Pursuant to our telephone conversation of November 29, 1933, enclosed is a copy of the Release and Assignment executed by Hood Corporation. Very truly yours, ifil/s5r4(6GLAAjtt Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims PJB:btc Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group • RELEASE AND ASSIGNMENT OF CLAIM C661 g g IION .3NI (esn) WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a dilAblet113MMIgIVIAIOHl ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, HOOD CORPORATION ("CLAIMANT") has submitted a Proof of Claim making claim under the payment bond alleging that the sum of $15,704.18 was due, owing, and unpaid for labor, supplies, materials, or equipment that CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $15,704.18 CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this /3 day of /4s04/. , 1993 ORIGINAL Page 1 of 2 • SLATE OF COUNTY OF(-*"o) . On the me personally came L who being duly sworn of said Claimant and foregoing assignment thereto, which he did V-M day o ✓AUv-m -w^ 1993, before e a rna n) tom known, y me stated that he is thee, a>" that he was duly authorized to execute the and release and attach the corporate seal for the purposes therein mentioned. Notary Public My commission expires j97 NCWARY FMB • (MUMMA OMM * DT LOS Mena perry Of Comet biome Sot ft StiT Page 2 of 2 STOP NOTICE r111\k7J//ilhIf= wkw a . LEGAL NOTICE TO WITHti e QHOLD CONSTRUCTION FUNDS (Per California Civil Code Section 3103)Ale (Puork) EA N2 To: City of Fontana Project: Tamarind Ave.Force Main -Lift Station # 8. (Name) Tamarind / Santa Ana (Name of owner, public body or construction lund holder) 8353 Sierra Avenue (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) Fontana, California 92335 (City state and zip) TAKE NOTICE THAT HOOD CORPORATION (Name of the person or firm claiming the stop notice. Licensed contractors must use the name under which contractor's license Is Issued) 21496 Main Street - P.O. Box 2326- Grand Terrace, California 92324 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: Furniahand Install Asphalt Tamarind Ave. Force Main Lift Station # 8, Tamarind and Santa Ana (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind Asphalt 4" thick installed over existing Base = 8,922 Aq.ft. plus Barber Greene cap = 16,256 sq. ft. (Address) Fontana, California 92335 whose address is (City, state and rip) (Kind of labor, services, equipment, Qr materials furnished or agreed to be lurnished by claimant) The labor and materials were furnished to or for the following party Multi Construction / Merle R. Johnson Merle R. Johnson (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: $ The value of the labor and materials furnished to date is: $ Claimant has been paid the sum of: $ and there is due, owing and unpaid the sum of: $ 15,704.18 15,704.18 -0- 15,704.18 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME HOOD CORPORATION By' 'im (Name of stop nobcge{4imant) ner or agent of slop noli r claimant must sign here and verily below) I, the undersigned, say: I am the VERIFICATION Paving Division Manager ("President or. "A partner or, 'Owner or. "Agent or, etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 04 (Date this document was signed) 19 93 at Grand Terrace ' (Name .mof city where �slop notice eipne 0 ( rPE sonal signature of m widual who I/ that the contents stop notice are We) California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This Information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant must enclose self-addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894—STOP NOTICE —Rev. 4.91 (price class 3) m1991 WOLCOTTS, INC. Before you use this form, read IL MI In all blanks, and make whatever charges are appropriate and necessary to your particular transaction. Consult a lawyer If you doubt the farm's 9mess for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability cuteness of this farm for an Intended use or purpose. ri/®/fn�\% VVVW///A\\\////////AQ\\O\////////n\--,,\\\\\�J///!///n\\\\\\\N 1 I ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §§3179-3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code §§3156.3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. RECEIVED _ c(LtFORr( PRELIMINARY 204/.,Y'NOTICE (PUBLIC AND PRIVATE WORK) IN ACCORDANCE WITH SECTION 3097 AND 3098, CALIFORNIA CIVIL CODE N E R C 0 P Y 3II9C0 Re art ENGINEER'S OFFICE r STRIUCTION LENDER or uted1Construction Lender, if any FOLD HERE OWNER or PUBLIC AGENCY or Reputed Owner (on private work) (on public work) ITITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA" 92335 FOLD HERE ORIGINAL CONTRACTOR or Reputed Contractor YOU ARE HEREBY NOTIFIED. THAT... Roo}i Corporation 11, Blaagm aeeadnrgss o1 person or firm —sender) 21,06 )4AINSTREET GRAND TERRACE, CA 92324 has furnished or will furnish labor, services, equipment or materials of the following general description:' FURNISH AND INSTALL ASPHALT (general description *Atha labor, services, equipment or materials Nrnished or to be furnished) for the building, structure or other work of improvement located at: SANTANA AND TAMARAND (address or description of lob site sufficient for identification) FONTANA, CALIFORNIA The name of the person or firm who contracted for the purchase of such labor, services, equipment or materlais: MULTI CONSTRUCTION NOTICE TO PROPERTY OWNER If bills ire not paid In lull for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your prop- erty being so Improved may be placed against the property even though you have paid your contractor In full. You may wish to protect yourself against this consequence by (1) requkIng your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under the circumstances. The perdon or firm giving this notice Is required, pursuant to a collec- tive bargaining agreement, to pay supplemental fringe benefits into an express trust fund (described In Civil Code §3111), said fund is iden- tified as follows: (strike if inapplicable) (name) (address) (name) (address) (address) Mailea this date' 08/25/93 292e-1'tegyZe-v/ed- D r v. M 6 ea (signature)... (tine) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished Is: • ._ declare: On the " Lb1H""day of 'A'UCIf5T-- - n19 93 at 1 t 00 P m Declarant served the CALIFORNIA PRELIMINARY 20-DAY NOTICE on the Interested parties as follows: (Check applicable box.) By placing a truecopy thereof enclosed in a sealed envelope with first-class registered or certified postage prepaid in the United States mall at r� COLTON POST OFFICE , addressed as follows: DECLARATION OF SERVICE OF CALIFORNIA PRELIMINARY 20-DAY NOTICE In Accordance With §3097.1(c)'and 3098, California Civil Code I, GLORIA GALEZIEWSKI _.._ __ ..... By 'delivering a, true copy thereof to the parties listed below: ❑ By leaving a true copy theredf,at the addressor place of business with some person In charge, of the parties whose names and addresses delivered are listed beidw: (not to be used on public works) I declare under penalty of perjury that the foregoi/n�g Is true and correct. Executed on • at 3 it- c!(a h "i� i r , �l-fe r -1- , l)r ct o rT e i ta.U. , C u. 92 3 2 I WOLCOTTS' FORM 15100 (Quadruplicate). Rev. 7-sib (price class t301 019e1 WOLCOTTS, INC. 9 i L Declarant • lJ, (PLEASE NOTE REVERSE SIDE) you have any doubt a$ to the useluiness of farm for:your purposesay For your assistance the following complete. ter'-�t.Section 3097; Secton-30 oti are ,urged to consultyepr ow uney. t ; notice (private work) means a written notice from a claimant that Is'give prior to the recording of a mechanic's lien and prior to the filing of a sto notice, and is required to be given -under the following circumstances: (a) Written preliminary notice; parties. Except one- under direct contrac with the owner or one performing actual labor for wages,or an express trus fund described in Section 3111, every person who furnishes I § 3097. Preliminary 20-day notice (private work). "Prelirninary.2q.-da n paragraph (6) of subdivision (c), a failure to give such. notice; including such-1 p Pniormatlon, that results 9741ar1d,,�eetion•3098 pf;the Cat(f'-^ta Civil Code are hereafter quoted. Should y Where such notice is required•. to, contain the informaton,set, ,forfhiro'��~ equipment, or material for which a lien otherwise can he claimed under this title, or for which a notice to withhold can otherwise be given under this title must, as a necessary prerequisite to the validity of any claim of lien, and of notice to withhold, cause to be. given to the owner or reputed owner, to the original contractor, or reputed. contractor, and -to the construction lender, I any, or to the reputed construction lender, if any, a written preliminary notice as prescribed by this section. (")'Construction tender. Except the contractor, or one performing actua labor, tor. wages, or -an express -trust fund described In Section 3111, all per- sons who have a direct contract with the owner and who furnish labor, ser- vice, equipment, or material for which a lien otherwise can be claimed under • this title, or for whichp notice to withhold can otherwise.be given under this title, must, as a necessary prerequisite to the validity of any claim ilien, and of a notice to withhold, cause to be given to the construction lender;'ifany,-or to the reputed construction lender,' if any, a written preliminary notice as prescrio'edby this -section, refeeredrto in subdivisions sit(a) and (b) shall beineer or vgiven not later than preliminary0 days after the claimant has first furnished labor, service, equipment, or materials _to the ..jobsite,.and shall contain the. following information: (1) A general description of the labor, service, equipment, or materials fur- nished, or to be furnished, and It there is a construction lender, he shall be fur- nished with an estimate of the total price thereof In addition to the foregoing. (2) The name and address of.such person furnishing such labor, service, equipment, ;gr; mater(aio..• (3) The' name of the person who contracted for purchase of such labor, ser- vice, equipment;-or.'materiais . • (4)vA description of the jobsite, sufficient for identification. s.(5) The following statementin type , , NOTICE TO PROPERTY OWNERn R.; r� .if bills are ngt paid irl full for the labor, services equlppment, or materials urnished onto be furnished a•tnechanic s I1e,41eadingto the loss, through court foreclosure proceedings otaiforpart of your propperty,being so improved may be placed againstthe property'eirenthough'you have'paid your contrac- tor in full, You may wish -to protect yourself against;Ihis.co0sequeqfrlIceby (1) .requiring your contractor. to furnish a signed retease,.by,the pery6'ri or firm ,giving you this notice before majdng.paynient:tp you[ contlactor`or (2) any other method or device which is appropriate unrier;the olroumstances. nt to a collective -bargaining if such notice ven to paya ntractor who Is supple supplemental friingered benefitsinto an express trust fund described in Section 3111, such notice shall also contain the Identity and address 'of such trust fund or funds. If an Invoice for such materials contains: the information required by this section, a copy of such invoice, transmitted in the manner prescribed by this section shall be sufficient notice. A certificated architect, registered engineer, or licensed land surveyor who has furnished services for the design of the work of improvement and who gives a preliminary notice,as provided in this section not later than 20 days after the work of improvement has commenced shall be deemed to have com- plied.with subdivisions (a).and(b).wlth-respect to architectural, engineering, or surveying services furnished, or to be furnished. _- (d)Election not to give, preliminary notice; subsequent rights. If labor, ser- vice, equipment, or materials have been furnished to a jobslte by a person who elected not to give a preliminary notice as provided in subdivision (a) or (b), such person shall not be -precluded from.giving,apreliminary notice not later than 20 days after furnishing other labor, service, equipment, or materials to the same jobslte. Such person shall, however, be entitled to claim a Hen and -a notice to withhold gnlyipr:such Tabor, service, equipment, or material furnished within 20 days prior lb the service• of such notice,, and at '-any time thereafter. ff (e) Waiver.Any agreement made or entered into by an owner, whereby the )yt() r?gre�s,to.)yalYe er,rightrs.or pr)vileges confyjred upon him by this reetien ono 1ipYgt an dttrtphejteet a (ft `Service: The 'notice '^required`undeer tt�s'secfiorl•may be served as follows. (1) If the person to be notified resides in this state, by delivering the notice personally, or by leaving it at his address of residence or place of business with some person in charge, or by first-class registered or certified -mail, postage prepaid, addressed to the person to whom notice Is to beQiven at his residence or place of business address or at the.'address'i Shown by th6y. building permit on file with the authority issuing a building permit for, the work, or at an address recorded pursuant to Subdivision (j) of this section, (2) If the person to. be notified does not reside in this state, by any method enumerated In paragraph (1.) of We suoaivram,,. u,o,.a,,.�e,.,,,, n„wt tin served by any of such methods, then notice may be given by first-class cer- tified or registered mail, addressed to -the construction lender or to the original contractor. (3) When -service is:made by -first -class -certified -or registered mall,.service is complete at the time of the deposit of such registered or certified mall. (g) Sipgle notice; additional material, service, labor or equlpment.'A per- son required by this section to give notice to the owner and to an original con- tractor, and to a person to whom a notice to withhold may be given, need give only one such notice to owner, and to the original contractor and to the per- son to whom a notice to withhold may be given with respect to all materials, service, labor, or equipment he furnishes for a work of Improvement, which means the entire structure or scheme of improvements as a whole, unless the same Is furnished under contracts with more than one subcontractor, in which event, the notice requirements must be met with respect to materials, services, labor, or equipment furnished to each such contractor. If a notice contains a general description required by subdivision (a) or (b) of the materials, services, labor, or equipment furnished to the date of notice, it is not defective because, after such date, the person giving notice fur- nishes materials, services, labor, or equipment not within the. scope of such general description. (h) Disciplinary action against contractors and subcontractors. Where the • contract price to be paid to any subcontractor on a particular -work of improvement exceeds four hundred dollars ($400.), the failure of that contrac- tor, licensed under Chapter 9 (commencing With Section 7000) of Division 3 of the Business and -Professions Code, to give the notice provided for In this section, constitutes grounds for disciplinary action by the Registrar of Contractors, f struchon lender on such application, however., shall not relieve any person from the obligation to give to the construtionlender the notice required by . this section. {p Designation of mortgage, deed of trust or other Instrument securing loan. A mortgage, deed of trust, or other Instrument securing a loan; any of • the proceeds of which -may be used for the purpose of constructing improve=' merits on teat property, shall bear the designation "Construction Trust Deed" prominently on its face and shall state all of the following: (1) the name and address of the lender, and the name and address of the owner of the real properly described in the instrument, and (2) a legal description of the real property which secures the loan and, if known, the street address of the property. The failure to be so designated or to state any of the information required by this subdivision shall not affect the validity of any such mortgage, deed of trust, or other instrument. Failure to provide such information on such an instrument when recorded shall not relieve persons required to give preliminary notice under this section from such duty. The county recorder of the county in which such Instrument is recorded shall indicate in the general Index of the official records of the county that such instrument secures a construction loan. (k) Trust fund and lender; supplementary fringe benefits. Every contractor and subcontractor who is required pursuant to a collective -bargaining agree- ..:mento pay supplementary fringe benefits into an express, trust fund described In Section 3,111, and who has failed to do,sp shall, cause to be given to such hind lender, constructiond to'the ,iff any, not laterhthan the date sucpaymentdue t such fund became delinquent, a written notice containing: (1) The name of the owner and the contractor. (2) A description of the jobsite sufficient for identification. (3) The identity and address of the express trust fund. (4) The total number of straight lime and overtime hours on each such lobes;;• payment for which the contractor or subcontractor is delinquent to the express trust. amount st due and Failure to give such nnotice shall constitute grounds for disciplinary action by the Registrar of Contractors (IserveContract; name notice. Every writttten contract entered of ttin o betwetermation en aerson propertykowne ,. and an original contractor shall provide space for the owner to enter his name' and..address of residence; and place of business it any...The original contras: for shall make available the" name and address of residence of the owner to any person seeking to serve notice required by this section. in the filing of a lien or the delivery of a stop notice by the express trust fund to which such obligatiomd.e, w g�co s .t I grounds for the disciplinary. action by the Registrar % r r:clbrstagr e t subcontractor If the amountdue such -trust fund is not paid. (I) Construction lender; designation or'permit 'applcation. Every city,. county, city and county, or other governments 'a'u(j1pTCf 't550i permits shall, in its application form fora building �teni4krp i ae's33 a a designation for the applicant to enter the name.branch„destggat and address of the construction lender and shall keep the information onwhie f open for public inspection during the regular business hours of the authority; if there is no known construction lender, that fact shall be noted In such' designated space. Anyfailure to indicate the name and address. of the con- §3097.1 Proof of service of preliminary 20-day notice, proof of service affi- davit; receipt. Proof that the preliminary 20-day notice required by Section 3097 was served in accordance with subdivision (f) of Section 3097 shall be made as follows: (a) if served by mail, by the proof of service affidavit described in subdivi- sion (c) of this section accompanied either by the return receipt of certified or registered mail, or by a pliotodopy of therrecord of delivery and receipt main- tained by the post office, showing the,dete.of delivery and to whom delivered, or, in the event of 'nondelivery, by the returned envelope itself. or(byIf leavinggditt by hipers addressiorriplaceoofotice to businessowith someerson lo bpe son 9 charge, by of serviceoaffidad vit'tIIsit adescribed affidavitin subdivisionof the person making then service, showing the lime:-plateeand-manner of service and facts showing that such service was made in accordance',with Seclion.3097. Such affidavit .shall show the name and address of the person upon whom a copy of the pre- liminaryy'20-dayhence wasserveg, and if appropriate, the title pr capacity in ,which"tie was served. , w §3098. Preliminary 20 day dotice (public work) stop halite; service dis ciplinary action; exemption for express trust fund, "Preliminary 20-day notice,(pubiic work), stop.nptice:'.means a written notice from a claimant that was given prior to the filirig ot'a stop notice on public work, and is required to -be -given under the following circumstances: (a) in any case in which the law of this state affords a right to a person fur- nishing labor or materials for. &public -work Who has not been paid therefor to withholding of payinen'{'4r liea4fli1cga, Pcarflag,.,,nJ.111Ofapy,'CaURICa person having no direct contractual relationship --with the contractor, other "than a person who performed actual an expresh1rusufund described in Section 3111, may file such a notice, but no payment shall be withheid:from any -such contractor, —pursuant —to any such: notice;' unless such person has caused<•writtep,noticy tq•.pe`fife tc;such contractor, and the public agency concerned, netiatet tnant20'.d ys'after the claimant has first burnished labor, services, equipment, or materials to the jobsite, stating with substantial accuracy a general description of labor, service, equipment, or materials furnished or to be furnished, and the name of the party to whom the same was furnished:-Such.0otice shall be served ,by:;mailing,the same by first-class mail, registered mail, or certified mall, postage prepaid, in an envelope addressed to the contractor at any place he maintains an office or conducts his business, or his residence, or by personal service, In case of any public works constructed by the Department of Public Works or the Department of General Services of the state, such notice shall be served by mailing in the same manner as above, addressed to the office of the disburs- • ing officer of department constructingthe work, or by personal service upon such officer. When service Is by registered or certified mail,service is complete at the time of the deposit of the registered or certified mail. (b) Where the contract price to be paid to any subcontractor on a particular work of Improvement exceeds four hundred dollars ($.400), the failure of that contractor, licensed'tnder Chapter 9(commencing with Section 7000) of Division 3 of the Business and Professions Code, -to give the notice provided for in this section, constitutes grounds for disciplinary action by the Registrar of Contractors, . (c)-The notice requirements.of this, section -shall. not apply to -an express trust fund described in Section 3111, s ° C IY ENGINEER'S OFFICE ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR SAN FERNANDO ROAD; LOS ANGELES, CALIFORNIA 90065 - Phone: (213) 256-7283 PRELIMINARY NOTICE ON PRIVATE OR PUBLIC WORK FOODCORPORATION .::OPOR A 1.I.O1`'1 STREET 1st S4i:i.) llietil: 2s......i='j;!.c;)...,., Certified Mail No. (For Private Work Only) Date of Notice i i i7 i .1. 9 9 1... Gentlemen: You are hereby notified that the customer identified herein has con- tracted with Industrial Asphalt for the purchase of labor, services, equipment rental, aggregate and/or asphaltic paving materials used, or to be used in the work of improvement at the jobsite described herein. NOTICE TO PROPERTY OWNER This notice is not intended to reflect in any way on the credit reputation of our customer. However, in compliance with Section 3097 & 3098 of the California Civil Code, we advise you that, IF BILLS ARE NOT PAID IN OWNER • FULL FOR THE LABOR, SERVICES, EQUIPMENT OR MATERIALS FUR- OR i _ .'. l `l OF 1'= Of`l 1 f'li`'i4 ? NISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE REPUTED —. ,-. •)• ),; 4•` I.1(•,I t.•s`� E-V .-LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR OWNER `-'`' `' ' PART OF YOUR PROPERTY BEING SO IMPROVED, MAY BE PLACED FONT PHA,t (;;('I„ 92335 AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CON - OR TRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST BLIC THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO PU AGENCY FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR Certified (2) ANY OTHER METHOD OR' DEVICE WHICH IS APPROPRIATE UNDER 1,.,9, ;,: Mail No. : ` ` / ,'�j64 (For Private Work Only) THE CIRCUMSTANCES. CONSTRUCTION LENDER 110 l,•I OR REPUTED CONSTRUCTION LENDER Certified Mail No. (For Private Work Only) CUSTOMER JOBSITE DESCRIPTION r (..IIOOt:' CORPORATION r -.. 1 ../1t::.rr-i A1T11°i1-tR.l.ND .a/ I_i s:-mI n nhtiw , cn We thank you for the privilege of supplying asphaltic paving materials to this project and look forward to serving you in the near future. Yours very truly INDUSTRIAL ASPHALT FORM C209A-Rev: 5-85 OWNER COPY Thomas Howell Group (USA) Inc. International Adjusters 16935 West Bernardo Drive, Suite 210 San Diego, California 92127-1636 Telephone: (619) 485-5989 Facsimile: (619) 485-6809 December 28, 1993 Mr. Harry Foley Engineering Division Community Development Department City of Fontana 8353 Sierra Avenue P.O. Box 518 Fontana, CA 92334-0518 Re: Principal: Surety: Bond No.: Obligee: Project: Our File No.: Subfile: Dear Mr. Foley: Enclosed is a copy of the Release and Assignment executed by Hopkins Enterprises. PJB:mk Multi Construction Co. and Ramirez, a Joint Venture Washington International Insurance Company S-300 4403 City of Fontana Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8, Bid No. SB-48-93 06700444-S Hopkins Enterprises Very truly yours, Ae„ a,),A Peter J. Barrett Senior Claims Attorney Bond and Professional Liability Claims Offices, Associates and Correspondents in: Australia Bahamas Belgium Belize Brazil Canada Chile Denmark Dominican Republic France Germany Greece Hong Kong Indonesia Italy Jamaica Kuwait Malaysia Malta Mexico The Netherlands New Zealand Philippines Saudi Arabia Singapore Spain Sweden Trinidad United States UK West Indies A member of the Thomas Howell Group THOMAS HOWELL GROUP (USA) INC. • • RELEASE AND ASSIGNMENT OF CLAIM DEC 271993 OVE WHEREAS, MULTI CONSTRUCTION AND RAMIREZ, a joint venture ("CONTRACTOR"), had a contract dated on or about April 1, 1993 with with CITY OF FONTANA in which CONTRACTOR agreed to construct the public work described as Sewer Force Main for Tamarind Avenue and Sewer Lift Station No. 8 ("the public work"), WHEREAS, WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SURETY") as surety and CONTRACTOR as principal executed public works payment bond no. S-300 4403 wherein CITY OF FONTANA is the obligee, which bond was conditioned on CONTRACTOR'S payment for labor, supplies, materials and equipment furnished to, and used and consumed in, the construction of the public work (hereinafter "the payment bond"), and WHEREAS, HOPKINS ENTERPRISES Claim making claim under the $4,190.00 was due, owing, materials, or equipment that ("CLAIMANT") has submitted a Proof of payment bond alleging that the sum of and unpaid for labor, supplies, CLAIMANT furnished to the public work. NOW THEREFORE, in consideration of $4,190.00, receipt of which is hereby acknowledged, CLAIMANT does hereby release and forever discharge SURETY of and from any and all claims, demands, liability, and causes of action CLAIMANT has under the payment bond, or for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. AND CLAIMANT DOES HEREBY sell, assign, transfer, subrogate and set over unto SURETY, its successors and assigns, all of CLAIMANT'S right, title, and interest in and to any claims, causes of action, or any rights whatsoever that CLAIMANT has or may have for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work, and CLAIMANT does hereby constitute and appoint SURETY, its successor and assigns, its true and lawful attorney, for SURETY'S own use and benefit but at SURETY'S own cost, to ask, demand, collect, receive, compound, and release, and in its name or otherwise prosecute any claims, suits or proceedings for payment for labor, supplies, materials, or equipment CLAIMANT furnished to the public work. Signed, sealed and dated this<454k day of Dee em_6 , 1993 ATTEST: f HOPKINS ENTERPRISES By: Viola Fern Hopkins.' Page 1 of 2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On the day of 1993, before me personally came VIOLA FERN HOPKINS, to me known, and who being duly sworn by me stated that she is the owner of CLAIMANT and that she executed the foregoing RELEASE AND ASSIGNMENT OF CLAIM for the purposes therein mentioned. Notary Public My commission expires Page 2 of 2 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS C (Public or Private Work) \ (Per California Civil Code Section 3103) To: CITY OF FONTANA ENGINEERING DEPT (Name of owner, public body or construction fund holder) 8353 SIERRA AVE (Address. N directed to a bank or savings and loan assn., use address of branch holding fund) Project. TAMARIND SEWER FORCE MAIN & LIFT (Name) STATION # 8 TAMARIND AVE (Address) FONTANA, CA. 92335 FONTANA, CA. 92335 (City. state and zip) (City, state end zip) TAKE NOTICE THAT whose address is HOPKINS ENTERPRISES Ye ci— 891-3ao o l.) . i1, (Name of the person or firm claiming the stop notice. Licensed contractors must use the name under which contractor's license Is issued) 10770 LINDEN AVE, BLOOMINGTON, CA. 92316 (Address al person or firm claiming slop notice) has performed labor and furnished materials for a work of Improvement described as follows. TAMARIND SEWER FORCE MAIN & LIFT STATION # 8 ON TAMARIND SOUTH OF SANTA ANA (Name and location of the project where work or matenals were furnished) The labor and materials furnished by claimant are of the following general kind' TRACTOR/BACKHOE RENTAL ALONG WITH TRUCK RENTAL HAULING MATERIALS PLUS COST OF MATERIAL (Kind of labor, services, equipment, or materials furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party MULTI CONSTRUCTION INC. (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: $ The value of the labor and materials furnished to date is: $ Claimant has been paid the sum of: $ 1000.00 and there is due, owing and unpaid the sum of: $ 4190.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: By: HOPKINS ENTERPRISES (Name of stop notice claimant) (Owner or agent of stop notice claimant must sign re and verity below) VERIFICATION I, the undersigned, say: I am the OWNER OF ("President or, "A partner of", "Owner or, "Agent or, etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same Is true of my own knowledge. I declare under penalty of perjury u der the laws of the State of California that the foregoing is true and correct.« Executed on I ¥ 19 9.3 at 40-,1/4—t•km..) , C &_ . , California. (Oats this document was signed) (Name of city where stop notice signed) /L -I. (Personal signature of the Individual who Is earing that the contents of stop notice are hue) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant must enclose self-addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894—STOP NOTICE —Rev. 4-91 (price class 3) 01991 WOLCOTTS, INC. Before you use this form, read IL till In all blanks, and make whatever cheques are appropriate and necessary to your particular transaction. Consult a lawyer It you doubt the form's fitness for your purpose and use. Yihkootta makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an Intended use on purpose. A11///n\\\WWWMAi\\\'" ~"--m. C{ 1 ea 0bi ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code §§3179.3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code §§3156-3175. A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. (3) CALIFORNIA PRELIMINARY NOTICE THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO SECTIONS 3097 AND 3098, CALIF. CIVIL CODE. NOTICE TO PROPERTY OWNER IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR (2) ANY OTHER METHOD OR DEVICE WHICH IS APPROPRIATE UNDER THE CIRCUMSTANCES. (THIS STATEMENT IS APPLICABLE TO PRIVATE WORKS ONLY) YOU ARE HEREBY NOTIFIED: THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING DESCRIPTION IS: INDIVIDUAL OR FIRM HOPKINS ENTERPRISES (NAME) P 0 BOX 836 (ADDRESS) BLOOMINGTON, CA. 92316 (CITY) BY: V. F. HOPKINS (SIGNATURE) OWNER (TITLE) (STATE) (ZIP) 9/13/93 (DATE) DATE SEPTEMBER 13, 1993 TRACTOR / BACKHOE RENTAL AND (DESCRIPTION OF MATERIALS, LABOR, SERVICES OR EQUIPMENT FURNISHED OR TO BE FURNISHED) TRUCK RENTAL TAMARIND SOUTH OF SANTA ANA (ADDRESS OF BUILDING, STRUCTURE, WORK OF IMPROVEMENT) (CITY) FONTANA, CA. 92335 (STATE) (ZIP( THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF (PRIVATE WORKS) OR WHO WILL BE FURNISHED (PUBLIC WORKS) SUCH LABOR, SERVICE, EQUIPMENT OR MATERIAL IS ALBERT RAMIREZ , 2322 DONOSA DR, ROWLAND HEIGHTS , CA 91748 TO: OWNER OR REPUTED OWNER OR PUBLIC ENTITY CITY OF FONTANA ATTN: ENGINEERING DEPT 8353 STF,RRA FONTANA, CA. 92335 TO:, ORIGINAL CONTRACTOR OR REPUTED CONTRACTOR MULTI CONSTRUCTION INC. P 0 BOX 2665 ORANGE, CA. 92669 TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE BY A SUBCONTRACTOR UNDER 3111 CIVIL CODE IS: NAME ADDRESS NAME ADDRESS NAME ADDRESS -. (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) TO: CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDER CITY OF FONTANA 8353 SIERRA FONTANA, CA. 92335 NOTICE TO CONSTRUCTION LENDER ONLY ESTIMATED TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIALS DESCRIBED HEREON. $5190.00 PROOF OF SERVICE AFFIDAVIT I, il� �� � ���A (SECTION 3097.1 CALIFORNIA CIVIL CODE) , declare that I served co ies of the above PRELIMINARY NOTICE (check appropriate box). (a) El By personally delivering copies to tO t I illeti. R A SQ r%c!vrt K , .l 4 A �IiSI at �3s i �Q. Fd •i� fa. ��l (name(s) and title(s) of person served) (address) on S E pi- 13 19 9 3, at lit 6.5 a m (da e) (time) (b) 0 By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 19 I declare under penalty of perjury that the foregoing is true and correct. Signed at , California, on /3 ,19 2 ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED Signature of person making service White -Lender Copy, Canary -Owner Copy, Pink -Contractor Copy, Goldenrod -File Copy P.O. Box 512, Loomis, California 95650 (916) 652-7237 VFR, INC. FORM A RE(O I) Of ELE HON CONVERAII014 CITY OF FO•ANA Job Date Individual )-.0 Organization Items Discussed 8 Proj a).64aia A@ �; 6 Romr .4" BS t -?' 6 2 RECORD OF TELEPHONE CONVERSATION CITY OF FON rANA Date ///cIM Individual. A (�.JJu�/�/1 `� � Organization C1 1 Items Disc l' BY. Job No Project 172/1t?,/Y /4 ' , //;/710 4) A Comments or o'L ,41 Amp Ars BSI-?n^5 2! '1 CITY OF FAO"ANA RECORD Of T LEPHUN' CONVEibikiION r Individual Organization Job No By VI P-`Ir f—CLZy Project A1nkRih% 1-9 • -w, g.< M-M6t, i ,i/ (-"/ f/P I te Discussed62 71 A y.'iLr iz--- "7' • •M' 63.1.6t icaLf- �d,( <J =r (/) 11 cC r fry �1�)1/( n1- orsrments or Action Required 9 4 ' d / t(,,,ca it, a 6 %' z daYA, ur Y i#%��Y'A / .a L1 /,c iV p /' I 1. � ? D /%", 3 b‘P 1(7 BSI-?nr.5 2 'q. RECORD OF TELEPHONE CONVERSATION • CITY OF FONfANA Job No. Project 1 TSfl. 2 (k > -r? t • ff Date Individu \ J' �l i Organization<1,Lw"' k=13K l' iS.,67- chocJAVVALT1 a l TO/l� & ��� Lt1�14C 1 � /4(dK1 TEr> L L �L f �t C.�J • Items Oiscussed Phone No. FA-Y 6) 4 . 09 Ylz�L= A o-f= i% '/qffifn319Y 35? r Comments or Action Required I�i � ��/� e • r15 Cr BSt-? 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RECORD OF TELEPHONE CONVERSATION CITY OF FONrANA ents or Action Required Job o By Project fAIr ei b U- t o Date t o/i9/9 '3 Individual Organization It 0 Phone No. 55"/lam EXT' JO ems Discussed ' . 'A . !_� ' e ��14f��L �•% /� /J .fit'C4LAIIE11:1. / ice% ate. _ G_� �W c_� . , MEW _�/�i� :40M Mt/ i. J1Ji/ [ E Ai Li • 'v 1/ I I1L.�iMEW Corn cc-Yd2P41 .$:II 41.La Is / I/ ' °tfr 9 ,. ', v 4.Z Mj A6i1 1 /11/ 1- /6 /)(Al /.40 ./9(,/ ) / .‘ 4„ A 6e)-6erhg6eei 1 J gr 3 "roA. 0 / e4 _itYy%p�u1 �.r� Wiz, 3 BSI-?nO6 2 'S'